Can Your Employer Fire You for Off-the-Clock Behavior? What California Law Says

Many employees wonder how much control their employer has over their personal lives. With social media monitoring, background checks, and workplace morality clauses, it’s no surprise that workers are increasingly worried about whether their off-the-clock behavior can put their jobs at risk. In California, workers have significant legal protections that prevent employers from making unfair employment decisions based on activities that occur outside of work. However, there are some exceptions that employees should be aware of. Understanding what’s legal and what’s not can help workers protect their rights and take action if they are unfairly terminated.

Can an Employer in California Fire You for Something You Did Outside of Work?

In most cases, California law protects employees from being fired for lawful off-duty conduct. Employers cannot terminate a worker simply because they disagree with their personal choices, political beliefs, or social activities. However, certain actions that directly impact an employer’s business or violate workplace policies may create grounds for termination.

Under California Labor Code Sections 96(k) and 98.6, employees have protections against retaliation or termination for engaging in lawful conduct during their free time. This means that, in general, you cannot be fired for:

• Expressing political opinions or participating in protests
• Engaging in legal recreational activities outside of work
• Posting personal opinions on social media (unless they create a workplace issue)
• Dating or relationships outside of work, unless it violates a company’s conflict-of-interest policy
• Participating in legal side businesses or hobbies

If an employer takes adverse action against an employee for any of the above reasons, the employee may have legal grounds to file a wrongful termination claim.

When Can an Employer Fire You for Off-Duty Conduct?

While California law provides strong protections, there are some situations where an employer can justify firing an employee for their off-duty actions. These include:

1. If the Conduct Is Illegal If an employee is arrested or convicted of a crime that affects their job (such as fraud for a financial worker or a DUI for a delivery driver), an employer may have valid grounds for termination. However, an arrest alone is not enough to justify firing an employee unless it directly relates to their job duties.
   
2. If It Creates a Hostile Work Environment If an employee’s behavior outside of work contributes to workplace hostility—such as making racist, sexist, or harassing remarks on social media—an employer may take action to protect the workplace environment.
   
3. If It Violates a Contract or Company Policy Some employees, particularly those in media, public-facing roles, or executive positions, may have morality clauses in their contracts. If an employee signed a contract agreeing to specific behavioral standards, the employer may have grounds to enforce those terms.
   
4. If It Harms the Employer’s Reputation California businesses have the right to protect their brand image. If an employee’s off-duty conduct is widely publicized and harms the company’s reputation, they may face disciplinary action. However, this is a gray area, and wrongful termination laws still apply.
   
5. If the Employee Engages in Workplace-Related Misconduct If off-the-clock behavior directly impacts the workplace, such as a manager dating a subordinate (creating conflicts of interest) or employees engaging in harassment outside of work, employers may justify termination.
   

Can an Employer Fire You for Social Media Posts?

Social media has blurred the lines between personal and professional life, leading many employees to wonder whether their posts can get them fired.

Under California Labor Code 96(k), employers cannot fire an employee for legal activities outside of work, including social media use. However, there are exceptions:

• If a post violates workplace harassment or discrimination policies
• If an employee discloses company trade secrets or confidential information
• If a post harms the employer’s reputation or creates workplace disruptions

Even with these exceptions, employers must be careful not to infringe on an employee’s rights. Workers who have been fired due to a social media post may have legal recourse if the termination violated California’s labor laws.

Case Examples

Case 1: Political Activism and Employer Retaliation

A California-based employee attended a public protest and later posted photos on their personal Facebook account. Their employer, who disagreed with the protest’s message, terminated them for “bringing negative attention to the company.” The employee sued under California Labor Code Section 1101, which protects employees from being fired based on political activity.

Case 2: Social Media Controversy and Employee Rights

A marketing employee for a Los Angeles firm posted a critical review of a company policy on Twitter. The company fired them, citing “reputational damage.” However, because the post did not contain confidential information and was not discriminatory, the employee had a strong case for wrongful termination under California employment laws.

Case 3: Side Business Dispute

An IT professional ran a side business fixing personal computers on weekends. Their employer found out and fired them, claiming a “conflict of interest.” However, since the employee’s business did not compete directly with their employer or impact job performance, the termination was challenged as wrongful under California law.

Fraigun Law Group Fights for Wrongfully Terminated Employees

California law is clear—you cannot be fired for simply living your life outside of work. If your employer has overstepped their legal boundaries and wrongfully terminated you, you have options. At Fraigun Law Group, we help employees fight back against unfair terminations. If you believe your firing violated your rights, don’t wait—contact us today for a consultation and take the first step toward holding your employer accountable.