Cooper People Publications

Employee Free Speech & Employer Responsibilities

Published September 16, 2025 

🕒 9 minute read 

 

With dozens of employees across the nation being fired for their social media posts last week (with potentially more to come), employers may find themselves wondering where the line is between an employee’s right to free expression and the organization’s ability to respond. Public responses and social media are raising urgent questions about where free speech ends and workplace discipline begins. 

🔑 What employers should know: 

  • Free speech isn’t unlimited in the workplace. The First Amendment generally restricts government action, not action by private employers. It doesn’t prevent an employer from terminating an employee for their statement…but, that doesn’t mean every post or comment warrant discipline or separation. 
  • Some states consider political affiliation as a protected class. This means an employer could find themselves in violation of state law for taking an adverse employment action because of or related to a political position, statement, activity, etc. And for those states that don’t, employers should still use caution to avoid the appearance of disparate impact – a legal concept referring to policies or practices that appear neutral but disproportionately harm a protected group, even without intent to discriminate. 
  • Protected activity matters. Employees may be shielded when speaking about working conditions, pay, discrimination, or other rights under the National Labor Relations Act (NLRA) and anti-retaliation laws. 
  • Context counts. Did the post violate a company policy? Was the post made on personal time or while representing the organization? Was it a matter of public concern or tied directly to workplace issues? There are reports of websites housing the list of names of individuals (and their employers) who have made statements about recent events; however there does not (at the time of this publication) appear to be a way to prove the accuracy, context, etc. of the website’s content. Employers should use caution not to jump to conclusions and conduct a fair and impartial investigation in a time when doxxing (a form of cyberbullying that uses sensitive information, statements, or records for the harassment, exposure, harm, or other exploitation of targeted individuals) is running rampant.  
  • Keep it job related. While most employers adhere to the At Will Doctrine which states that an employment relationship can end at any time for any (legal) reason, consider the old adage: just because you can, doesn’t mean you should. At CPG, we argue that the best measure of performance is alignment to core values, meeting objectives and KPIs, and performing essential job functions – not what an employee posts about on social media, what church they go to, who they vote for, who they love, where they’re from, etc. For that reason, we recommend that employers avoid the proverbial “social media stalk” (or similar action) that may provide visibility to information that may introduce bias, or worse yet, discrimination. Now, if someone is inciting hate, violence or discrimination (especially if they’re in a more public role acting as a company representative), that’s a different story. 
  • Consistency is key. Uneven enforcement of social media, political action, harassment or conduct policies can create risks of discrimination claims. 

⚠️ Things to consider: 

  • Posts tied to union organizing, workplace safety, or pay equity may be legally protected under the National Labor Relations Act – even for employers without a union (a common misconception). 
  • Employers should consider brand and reputation protection and avoid knee-jerk reactions to terming an employee because of a post.  
  • Firing someone for online political speech can send a message that employees must self-censor – even outside of work – which may hurt recruitment and retention due to disintegrating morale, trust, and engagement. 
  • Terminating someone for political expression can attract negative media attention, amplifying the very issue the employer hoped to avoid. 
  • Review policies (social media, ethics, political involvement, etc.) now, train managers, and approach employee issues with a measured, case-by-case analysis before making disciplinary or termination decisions. 
  • Remember, leaders set the example and the tone. Consider the cultural current you want to cultivate at your organization. Rather than termination, employers can use policies, coaching, or clear communication to set expectations and create unity while respecting employees’ rights. 

👉 The bottom line:

Unless the speech is unlawful (e.g., threats, harassment, hate speech) or directly tied to the employee’s role in representing the organization, firing someone for political expression is legally risky, culturally damaging, and reputationally dangerous. If your organization is caught in the crossfire, your policies need a refresh, or there is a situation to investigate, seek the counsel of an employment law attorney or give our team at Cooper People Group a call. 

 

Sources: 

https://www.shrm.org/topics-tools/employment-law-compliance/fired-political-affiliation-activity 

https://www.npr.org/2025/09/13/nx-s1-5538476/charlie-kirk-jobs-target-social-media-critics-resign