• Free Speech
When it comes to the concept of free speech in the workplace, fewer legal areas are more confusing. A great number of people typically complain about and question the situation where an individual such as a sportscaster gets fired for "exercising his right of free speech." First, it must be understood that the First Amendment right to free speech is limited. The First Amendment only prohibits the government from restricting speech, not ESPN, your local TV station, or, if applicable, your private-sector employer. Private business organizations like corporations are more or less free to censor the speech of their employees as they desire. If you 're an "at-will" employee, you can be fired for almost any reason or no reason whatsoever, …show more content…
Private employers also have an absolute right to regulate or prohibit any category of “unprotected” speech such as obscenity or “fighting words.” Further, all employers must take action against employees that create a hostile work environment including engaging in speech that would constitute harassment.
What private employers cannot prohibit is speaking on behalf of yourself and coworkers in order to improve work conditions or for objecting to an illegal condition of activity. The National Labor Relations Act (NLRA) restricts an employer 's right to limit workers ' communications about wages, hours and the terms or conditions of employment during non-work time in non-work areas. It is significant that many of the NLRA 's provisions are applicable to non-union employers and protect workers who do not belong to any labor union.
Bottom line: You DON’T have the right to free speech if you work for a private employer. Your postings on social media such as Facebook, Twitter, and other websites can get you terminated from your job. If you work for the government, you have some free speech protections but they’re not
When it comes to the concept of free speech in the workplace, fewer legal areas are more confusing. A great number of people typically complain about and question the situation where an individual such as a sportscaster gets fired for "exercising his right of free speech." First, it must be understood that the First Amendment right to free speech is limited. The First Amendment only prohibits the government from restricting speech, not ESPN, your local TV station, or, if applicable, your private-sector employer. Private business organizations like corporations are more or less free to censor the speech of their employees as they desire. If you 're an "at-will" employee, you can be fired for almost any reason or no reason whatsoever, …show more content…
Private employers also have an absolute right to regulate or prohibit any category of “unprotected” speech such as obscenity or “fighting words.” Further, all employers must take action against employees that create a hostile work environment including engaging in speech that would constitute harassment.
What private employers cannot prohibit is speaking on behalf of yourself and coworkers in order to improve work conditions or for objecting to an illegal condition of activity. The National Labor Relations Act (NLRA) restricts an employer 's right to limit workers ' communications about wages, hours and the terms or conditions of employment during non-work time in non-work areas. It is significant that many of the NLRA 's provisions are applicable to non-union employers and protect workers who do not belong to any labor union.
Bottom line: You DON’T have the right to free speech if you work for a private employer. Your postings on social media such as Facebook, Twitter, and other websites can get you terminated from your job. If you work for the government, you have some free speech protections but they’re not