Fired for a Facebook or Instagram Post? Why Your Private Life Isn’t Always Off-Limits
You weren’t on the clock. You weren’t in uniform. You posted on your personal account, after hours, from home. Then your boss calls you in and shows you a screenshot. You’re told it’s “misconduct.” And you’re dismissed.
This isn’t rare. More employees are being disciplined or dismissed over what they say or share online — even when it’s got nothing to do with their actual job performance. But does your boss really have the right to control your off-duty life?
When Private Conduct Becomes a Workplace Issue
The Fair Work Commission has ruled in some cases that off-duty conduct can justify dismissal, but only where there’s a clear connection to the employment relationship. To put it simply: your boss doesn’t own your personal opinions. But if your behaviour damages the business, breaches policy, or affects coworkers, they may try to claim it's a breach of trust or reputational damage.
Examples that have come before the Commission include:
Posts criticising management or customers
Offensive memes linked to a public profile
Political rants that clash with a company’s image
Liking or sharing controversial content
When Dismissal Might Be Unfair
Not every online comment is a sackable offence.
The Commission asks whether the conduct:
Clearly breached a known policy
Caused actual harm to the employer’s reputation or employee relationships
Was deliberate, repeated, or malicious
Was linked to the person’s role or visibility within the business
A one-off post, made innocently or without any connection to your workplace, will usually not justify termination. Especially if there’s no warning or opportunity to respond.
Employers argue they need to protect their brand. Employees argue they have a right to express themselves. But make no mistake: plenty of dismissals have been found unfair because the conduct happened off-duty, didn’t violate a clear policy, or wasn’t serious enough to warrant termination.
What You Can Do
If you’ve been dismissed over something you posted or shared outside of work:
Check your employment policies. Was there a clear social media policy? Did you breach it?
Consider the context. Was your workplace even mentioned? Was the post private or public?
Get advice early. Just because your boss claims reputational harm doesn’t mean it’s true.
Challenge any assumptions. Vague concerns about “bringing the company into disrepute” often don’t stand up without clear evidence.
You don’t surrender your personal life when you sign an employment contract. If you were fired over something you said or shared in your own time, don’t assume they were entitled to do it. You may have been dismissed unfairly. And you may have every right to fight back.
