Fired for Instagram Post

[MLParker]

My question involves labor and employment law for the state of: Colorado

Hello,
I was recently terminated for posting a photo and comment on my personal (private) Instagram account on my lunch break. The post and comment did not mention my boss, employer, or anyone/anything else by name. I have come to the conclusion that I can't fight this because this isn't concerted activity as defined by the NLRB. The company does not have any type of social media policy in place but fired me because of this post. Do I have any legal recourse? They're trying to deny me unemployment now so I'm pretty much desperate for help.

[Antigone]

My question involves labor and employment law for the state of: Colorado

Hello,
I was recently terminated for posting a photo and comment on my personal (private) Instagram account on my lunch break. The post and comment did not mention my boss, employer, or anyone/anything else by name. I have come to the conclusion that I can't fight this because this isn't concerted activity as defined by the NLRB. The company does not have any type of social media policy in place but fired me because of this post. Do I have any legal recourse? They're trying to deny me unemployment now so I'm pretty much desperate for help.

Your recourse is to file for unemployment, brush up your resume and begin to pound the pavment.

[MLParker]

Edited:
I'm actually going back to school this fall (something they already knew about prior to my termination) so I won't be looking for a new full time job. I have filed for unemployment but the company is trying to deny me any unemployment benefits. I just think there's something wrong with them firing me for posting something that the company cannot prove was about them. I can't find any case law that directly relates to my case. Everything I'm finding involves an employee mentioning their employer by name on Facebook.

[Antigone]

I'm actually going back to school this fall (something they already knew about prior to my termination) so I won't be looking for a new job. I have filed for unemployment but the company is trying to deny me any unemployment benefits. I just think there's something wrong with them firing me for posting something that the company cannot prove was about them. I can't find any case law that directly relates to my case. Everything I'm finding involves an employee mentioning their employer by name on Facebook.

If you are not going to be actively looking for work you should not receive unemployment benefits. In order to qualify for unemployment you must be actively looking for work.

[cbg]

There doesn't have to be a law saying that the employer can fire you for posting a picture on Instagram. It's enough that there isn't a law that says you can't.

[MLParker]

I edited my prior post. I am not looking for a full time job but am considering any employment options since I'm falling behind on student loan payments and other bills.

- - - Updated - - -

There doesn't have to be a law saying that the employer can fire you for posting a picture on Instagram. It's enough that there isn't a law that says you can't.

Even though Colorado is an at-will employment state, when they fire me for a specific reason doesn't that reason have to have some merit? If not, couldn't a company in theory fire someone for posting a picture of a potato or a cat?

[Lehk]

nope

[MLParker]

nope

"nope" I don't have legal recourse? Or "nope" I can't be fired for posting a photo on Instagram? Please clarify.

[cbg]

No,that's what at-will means; there does not have to be merit. Yes, a company could in theory fire someone for posting a picture of a potato or a cat.

On another board some years ago, someone posted that they were fired because they had a banana on their desk. We told them the truth - it is absolutely legal to fire you because you had a banana on your desk. And it is legal to fire you because you posted a picture on Instagram.

[Antigone]

"nope" I don't have legal recourse? Or "nope" I can't be fired for posting a photo on Instagram? Please clarify.

Nope, no legal recourse.

Yep, you can be fired for your Instagram post. In fact you can be fired for showing up with shoes that have green shoelaces if your boss felt like it.

(Channelling patty, just in case anyone was wondering).