When An Employee’s Off-Duty Speech Becomes an Employer Concern

In the social media era and during times of political polarization, what an employee says in their personal time can sometimes impact the workplace. The question many private employers struggle with is — when, if ever, should an employer respond to an employee’s off-duty speech? Employers must understand the difference between speech they can and should respond to versus speech that is protected.

The question many private employers struggle with is — when, if ever, should an employer respond to an employee’s off-duty speech? Employers must understand the difference between speech they can and should respond to versus speech that is protected.