Losing or Leaving a Job FAQ

Questions:

• Does my employer have to give a good reason for firing me?
• How do I know if I have an employment contract?
• What are illegal reasons for firing me?
• What can I do to protect any legal rights I might have before leaving my job?
• Does the First Amendment protect me from being fired for what I post on my personal blog -- even if I sometimes write about my job?
• My former employer is offering severance packages only to employees who sign a release; is this legal?
• Do employers have to give notice of impending layoffs?
• What rights do I have when I'm fired?

Answer:

Does the First Amendment protect me from being fired for what I post on my personal blog -- even if I sometimes write about my job?

No, but this is a common misconception. The First Amendment, like the rest of the Constitution, protects all of us from government infringement on our rights; it doesn't apply to private companies. Some other laws may protect you from being fired for blogging, such as state laws that prohibit employers from discriminating based on an employee's political views or taking action against an employee based on legal, off-duty conduct. For more information, see Nolo's article Fired for Blogging.