Can my employer fire me for refusing to advertise for their business on my personal Facebook?

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Can my employer fire me for refusing to advertise for their business on my personal Facebook?

I’ve been getting increasing amounts of pressure from my bosses to start advertising on my personal Facebook page for events at work. I post a lot of NSFW stuff on my profile and I don’t think that it is appropriate for me to do.

My question is kind of a two-parter

Firstly, can they fire me for refusing to advertise on my Facebook? I happily advertise in person whenever I’m out and about but I feel this is different.

And, I know that the answer is probably a ‘yes’ for the first question because I live in Texas. Assuming that they do fire me will I be able to file for unemployment through TWC or will they side against me because I’m ‘refusing to do my job’?

Thanks in advance for any info anyone can give me.

-Nick from Texas

Asked on March 29, 2017 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The fact is that in an "at will" work setting, a company can set the conditions of employment much as it sees fit. This includes having a worker advertise its business on their personal social media pages. Further, an employee can be fired for any reason or no reason at all, with or without notice. Accordingly unless this type of mandate is prohibited under the terms of a union agreement or employment contract, or in some way constitutes a form of actionable discrimination, it is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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