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

October 09, 2025 | From HRCalifornia Extra

by Vanessa M. Greene, J.D.; Employment Law Subject Matter Expert, CalChamber

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.

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