By Evan Lange
Often, yes. Texas is an at-will state with no general law protecting what private employees say online, so an employer can usually fire you for a post it doesn’t like. But some posts are protected. Under the National Labor Relations Act, most private-sector employees, union or not, cannot be fired for posting with or on behalf of coworkers about pay, safety or working conditions. A firing is also illegal if the post was only an excuse to get rid of you because of your race, sex, age, disability or another protected trait, or to retaliate for a discrimination, wage or safety complaint. Charges with the NLRB generally must be filed within six months.
A post about a bad manager. A comment under a coworker’s complaint about pay. A video from inside the warehouse. Every week, Houston employees lose their jobs over something they shared online, and most assume they have no options. Sometimes that’s true. Sometimes the post was protected by federal law.
Most Texas employees can be fired for any reason that isn’t illegal, including embarrassing, rude or off-topic posts. Texas has no state law protecting lawful off-duty conduct or private employees’ free speech. The First Amendment limits the government, not private companies. Learn more about at-will employment in Texas.
That leaves a set of federal and state protections that can make a social media firing illegal.
Section 7 of the National Labor Relations Act protects “concerted activity”: employees acting together to improve pay, hours, safety or other working conditions. The NLRB has made clear this includes Facebook, X, TikTok, group chats and other social media, and it applies whether or not there’s a union.
Workplace rules that broadly ban employees from discussing pay or criticizing the company online can also violate the NLRA. See also getting fired for organizing a union in Texas.
Even if a post isn’t protected, the firing can still be illegal if the real reason was something else. Warning signs:
These situations can support a claim for retaliation or discrimination. Reporting illegal activity can also bring whistleblower protections.
If you work for a city, county, school district or state agency in Texas, the First Amendment can protect posts you make as a private citizen on matters of public concern. Courts balance that interest against the employer’s interest in running an efficient workplace, and speech made as part of your official duties is generally not protected.
Being fired doesn’t automatically disqualify you from unemployment benefits in Texas. The Texas Workforce Commission looks at whether the firing was for misconduct connected with the work, such as violating a known, reasonable policy. Read more about collecting unemployment if you were fired.
Generally yes. Texas is an at-will state, and private employers can usually fire employees for online posts. The firing can be illegal if the post was protected concerted activity under the NLRA or if the post was a pretext for discrimination or retaliation.
It can be. The NLRA protects most private-sector employees, union or not, who post with or on behalf of coworkers about pay, hours, safety or working conditions. Individual venting with no connection to coworkers usually is not protected.
The First Amendment only limits government employers. Private employers in Texas are not bound by it, but public employees may be protected when they speak as citizens on matters of public concern.
Most private-sector employees have the right under the NLRA to discuss wages with coworkers, including on social media. Supervisors and managers are generally not covered by that protection.
An unfair labor practice charge generally must be filed with an NLRB Regional Office within six months of the firing or other unlawful action.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review your post, your employer’s policy and the timing of your firing to tell you whether you have a wrongful termination claim.
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Not every post is protected.
But speaking up with your coworkers about your job often is.
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