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When a potential client comes to me and asks me whether or not their private life is subject to being analyzed and may affect their employment, usually it’s in the context of a social media post. Do they have the right to post whatever they want on social media and not be afraid that they may be fired because of it? From my perspective, I tell those clients and perspective and clients that a social media post is not unlike an email. So, even though you’re sending an email, whether it’s from your private

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email address or even your employer’s email address, you should treat that email as if it’s a letter or uh ensure that it is appropriate, it’s professional, and it does not have inappropriate language or behavior in that email that would sub subject you to tarnishing your reputation and somehow tarnish the employer’s reputation. Similarly, if you are posting on social media and you are engaging in activity that is inappropriate, bad behavior that may impact how you are perceived as an

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ambassador of your employer, they have every right to take action in regards to that if in fact they found out that you engage in an inappropriate social media posts. So, I caution employees that it’s okay to exercise your First Amendment rights, but if you cross a line and engage in inappropriate behavior online and it gets back to the employer, they’re free to terminate you. There’s no protection that you have for doing that. If you have any questions about what constitutes the line for purposes

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of what’s appropriate versus inappropriate, please reach out to Eric Seagull Law. We would be happy to speak to you about.

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