#WorkforceWednesday: Social Media and Employee Firings: What Employers Need to Know

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.

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