Q: One of our employees published a detailed social media post revealing their personal views on Charlie Kirk and his assassination. Many of our employees, as well as the company’s owners, were deeply offended by the comments.

We’re concerned that other employees will refuse to work with them, or that members of the public will confuse those views with ours. May we terminate employment based on the comments?

A: Maybe. But that’s a very long, very big “maybe.” And a risky one at that.

The constitutional right to free speech is something we’re all familiar with, but which is often misunderstood.

Generally, the First Amendment of the U.S. Constitution protects our free speech rights against government action and retaliation, but not action by private employers.

That is, unless you live in Connecticut.

Connecticut law specifically extends constitutional free speech rights to those who work for private employers.

In other words, a private employer may not terminate or discipline an employee based on the content of that employee’s speech, even if the employer finds the speech to be abhorrent and contrary to its own values.

As with most things, however, there are exceptions. The key here is the employer’s ability to establish the exceptions with specific evidence.

Connecticut law provides that an employer may discipline an employee for speech if it “substantially or materially interferes with the employee’s bona fide job performance or the working relationship between the...

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