The murder of Charlie Kirk highlighted the deep political divisions in the US. Some reactionary posts on social media have even prompted some companies to fire employees. While employers can create social media policies, they should consider how they’re applying those rules, one lawyer cautioned.
Firing employees over their conduct on social media isn’t anything new, and is often legal in the US. Workers have lost their jobs for posting racist and otherwise discriminatory content, as well as political content. In recent years, some employees have seen job offers rescinded and contracts ended shortly after posting about Hamas’ Oct. 7 attack on Israel or the murder of George Floyd.
What might be new, however, is the government’s involvement, Axios reported.
The federal government fired several employees in the week following Kirk’s death, and American Airlines and Delta Air Lines also terminated employees, adding to the dozens of private employers that have taken disciplinary action against employees over their remarks.
Employers are again in a difficult position and need to consider whether employees’ social media posts could harm their business at large, Alice Jump, partner at law firm Reavis Page Jump, told HR Brew.
“People have the mistaken impression that everything is protected by the First Amendment, but employers are not government,” she said, noting that employers have the right to fire workers for their speech, with some exceptions (like when it violates...
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