Employers Have Leeway to Fire Workers Over Social Media Speech

Strategic Insights -

As the US grapples with an increasingly politicized climate, social media has become a breeding ground for workers to express their views. However, when their opinions clash with those of their employers, they often face severe consequences - including termination. The concept of "at-will" employment law in the US means that employers can hire and fire as they see fit, including over employees' speech. In the case of recent activist Charlie Kirk's fatal shooting, numerous workers were fired for their comments on the incident. Vanessa Matsis-McCready, associate general counsel and vice-president of HR Services for Engage PEO, explains that most employees in the private sector do not have protections for speech made at work.

Key Takeaways:

  • In the US, "at-will" employment law allows employers to hire and fire as they see fit, including over employees' speech.
  • Vanessa Matsis-McCready notes that most employees in the private sector do not have protections for speech made at work.
  • Employees can face severe consequences, including termination, for expressing views that clash with those of their employers on social media.
  • Matthew Dowd, an MSNBC political analyst, was among the workers fired for discussing the killing of Charlie Kirk.
  • Some states have laws that forbid punishing workers for their political views, but the interpretation of these laws can be murky.
  • Steven T. Collis, a law professor at the University of Texas at Austin, notes that there are "pockets of protection" around the US under various state laws.
  • However, employees can still face consequences for conduct seen as disruptive to an employer's business or reputation.

Statistics:

  • According to Vanessa Matsis-McCready, most employees in the private sector do not have protections for speech made at work.
  • In the US, about 60% of the private sector representatives are under "at-will" employment law.

Sources:

  • Vanessa Matsis-McCready, associate general counsel and vice-president of HR Services for Engage PEO
  • Andrew Kragie, an attorney who specializes in employment and labour law at Maynard Nexsen
  • Steven T. Collis, a law professor at the University of Texas at Austin and faculty director of the school's Bech-Loughlin First Amendment Center
  • The Human Resource Certification Institute
  • Engage PEO