News & Analysis as of

Free Speech Off-Duty Employees

Ogletree, Deakins, Nash, Smoak & Stewart,...

Political Speech in the Workplace: Strategic Considerations for Employers

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the...more

Parker Poe Adams & Bernstein LLP

Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more

Littler

Social and Political Issues and the Workplace - Implications for Employers

Littler on

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets...more

Gray Reed

Falling Off the Fence: Can You Fire Those with Different Viewpoints?

Gray Reed on

Ernest “Big Daddy” Bux’s daughter Kathy “Kitten” was working for Approval Literary Agency in Blessing, Texas – that is until last month. Kitten, an associate literary agent with Approval Literary was sacked after her boss...more

Obermayer Rebmann Maxwell & Hippel LLP

Political Speech in the Workplace: Navigating a Rocky Political Climate in a Private Workplace

Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol...

Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the...more

Proskauer - Law and the Workplace

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

Tucker Arensberg, P.C. on

Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

Fisher Phillips

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

Fisher Phillips on

(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more

Dorsey & Whitney LLP

How to Get Yourself Fired for a Facebook Post

Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Akerman LLP - HR Defense

Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

Akerman LLP - HR Defense on

Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives. The mere discussion of the news of the day can create divisive...more

Lewitt Hackman

Executives Behaving Badly: Can CEO Be Fired For Kathy Griffin Hate Speech?

Lewitt Hackman on

Neighbors don’t always get along – not even affluent neighbors living in exclusive gated communities in Bel-Air. This was proven most recently, when the Huffington Post released security camera audio of Jeffrey Mezger...more

Mintz - Employment Viewpoints

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more

Fisher Phillips

Digital Disruptions: Handling Social Media Misuse By Students And Educators

Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Littler

Dear Littler: Can A Boss Fire Someone for Off-Duty Political Activities?

Littler on

Dear Littler: I saw one of my employees on the local news the other night participating in a political rally over the weekend. We try to maintain a tension-free workplace. Can I discipline him for this conduct? Can I at least...more

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