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

Answers:

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

Answered 5 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.


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