Right to Privacy at Work FAQ

Questions:

• Can my employer search me as I leave work for the day?
• Can my employer install cameras in the workplace?
• Can my employer require me to take a psychological test before promoting me to management?
• Can my employer read my email?
• Can my employer fire me for personal opinions expressed on my blog or a social networking site? Wouldn't this violate the First Amendment?
• Can I be fired for a positive drug test when I have a prescription for medical marijuana?
• Do I have a right to a copy of my personnel file?

Answer:

Can my employer fire me for personal opinions expressed on my blog or a social networking site? Wouldn't this violate the First Amendment?

Not if you work for a private employer. Like the rest of the federal Constitution, the First Amendment protects all of us from the government, not from private companies. While the First Amendment prohibits the government from telling us what we can say (within reason), it doesn't apply to private employers.

However, other laws may protect bloggers and posters from employer discipline, depending on the subject matter of your posts. For more information, see Nolo's article Fired for Blogging.