News of several firings based on an employee’s social media post discussing recent events has rekindled the question of whether a private employer can terminate an employee for their social media activity.  While the answer will depend on the specific facts of each situation, private employers in California have more discretion when making termination decisions in this context than employees (or even the employers themselves) might expect.

California is known for leading the nation in establishing legal safeguards for its employees. As a result, it can sometimes come as a ...