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Can Using Facebook Be a Firing Offense?

By Todd C. Taylor

Whether you subscribe to The Wall Street Journal or you get your news from the Drudge Report, you have likely read stories of employees being fired for poorly thought-out Facebook posts or controversial Tweets. Depending on your point of view, you may be sympathetic to the employer's desire to avoid being associated with offensive or controversial statements made by an opinionated worker ' or you may be appalled that an employer would concern itself with an employee's use of social media.

Lawyers advising the employer (or employee) want to know whether an employee has any legal rights concerning his or her social media statements that would restrict the employer from disciplining or terminating that employee. To provide the lawyer's favorite two-word response: it depends.

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