Fired over a social media post?
You posted something in your own time, and it cost you your job.
You posted something online, on your own time and your own account, and your employer decided it was grounds to end your job.
A social media post can justify disciplinary action, but the link between the post and your job must be real, not assumed. Proportion matters in every misconduct dismissal case like this.
Can I really be dismissed for something posted off duty?
It depends on what the post said and whether it genuinely harmed your employer’s business, reputation or working relationships.
A private opinion unrelated to work, on a personal account with limited reach, is different from a post that names the company, clients or colleagues in a damaging way.
Does my employer’s social media policy matter here?
Yes. Ask for a copy of any policy covering your online conduct and check whether it was clearly communicated to you beforehand.
A policy that is vague, unevenly enforced or never shared with staff is harder for your employer to rely on.
Who has to prove the post caused real harm?
Your employer must show the post amounted to just cause for dismissal, including genuine harm or a breach of a known rule.1
A post that is merely embarrassing or unpopular does not automatically justify losing your job under unfair dismissal standards.
How long do you have to challenge this?
You have 60 days from the date of dismissal to file a Section 20 representation.2 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
If it succeeds, remedies can include reinstatement, meaning getting your job back. Back wages, the salary you lost while out of work, are capped at twenty four months for a confirmed employee and twelve months for a probationer.3
What should you do this week?
Save the original post, including the date, your privacy settings at the time, and any reactions or comments that followed.
Check whether other staff posted similar things without consequence, since inconsistent enforcement can support your case.
For a related situation, read about being dismissed over a disputed misconduct claim. Then use the deadline calculator to check your window.
If you plan to challenge your dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the post and your dismissal letter directly to that lawyer. They can review whether it is a case they can act on.
If you were dismissed over a social media post, an independent employment lawyer can review the post and your employer policy and tell you whether the claim is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can my employer monitor my personal social media accounts?
An employer has no blanket right to monitor a personal account, but public posts can still reach them. The real question is how they justify any dismissal.
Does it matter if my account did not name my employer?
It can, if your employer can be identified through your profile, workplace photos or mutual connections. What matters is how easily the post was linked to your job.
What if the post was deleted before the dismissal happened?
Try to recover a screenshot or other record of the post and the date it was up. A deleted post does not erase the question of fairness.
Is a warning usually required before dismissal for something like this?
For a first offence that is not extremely serious, a warning is the normal step before dismissal. Having none can support an argument that the response was disproportionate.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
If you were dismissed over a social media post, an independent employment lawyer can review the post and your employer policy and tell you whether the claim is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.