This week, we examine how employers should address controversial employee social media activity, especially amid widespread social tension such as that seen after the murder of Charlie Kirk.

Social Media and Employee Firings

An employee’s off-duty conduct can be grounds for termination, but disciplining employees always carries some risk. Recent online discussions surrounding the public murder of Charlie Kirk have spurred firings across the nation, leaving employers exposed to backlash for their action or inaction. 

What Employers Need to Know:

· “At-Will” Employment: While most employment is “at-will,” allowing termination for nearly any reason, collective bargaining agreements or individual employment contracts may limit an employer's ability to terminate based on off-duty conduct.

· Employer Monitoring: Employers may monitor employee activity on company devices and networks and can act on publicly available social media posts.

· Reputational Harm: Even where off-duty conduct is protected, actions that damage an employer's reputation can still be grounds for discipline.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Kimberly C. Carter offers guidance on addressing employee social media activity, emphasizing the importance of clear, proactive policies to set expectations and outline consequences.

-

Visit our site for this week’s Other Highlights and links: https://www.ebglaw.com/eltw405

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.