Many employers are cracking down on individuals for publicly voicing their opinions on controversial matters. This makes knowing one’s rights to “free speech” as important as ever.
Several major companies from Delta Airlines to The Washington Post, have fired employees who voiced their feelings surrounding the death of Charlie Kirk. Kirk was fatally shot Sept. 10, leaving behind a legacy of anti-Black and hateful rhetoric that left some with little empathy toward his death.
However, expressing these negative emotions surrounding the slain man on the internet, who government officials have otherwise lifted up as a political martyr, has left these naysayers on the outs with their employers. While Americans do have the right to free speech, using this freedom gets tricky when it comes to the workplace.
11Alive spoke to a civil rights attorney from Atlanta, to explain how one should navigate publicizing their views, especially as it could trigger consequences in the workplace. While many assume their rights are upheld no matter the situation, the litigator actually confirmed the opposite.
“I get a lot of phone calls, ‘Hey this violates my first amendment right!” shared attorney Larry Pankey. “I go, ‘Well, that’s an easy one. You have no rights.’”
Pankey shared that the difference really depends on if one works in the public or private sector. For employees of a private company, what you say can be held against you.
“With a private employee, you really have no rights. A private employer is really in business of making money and if they feel your behavior online, on the weekend, or on your own time makes them look bad, they can choose to let you go and you will have no rights,” he said.
However, public sector employees do not fair much better with free speech. While they have a bit more leeway, government employers can easily decide that one’s statement disrupts their work.
“They provide what they call a balancing test. While you are allowed and you have rights to engage in the first amendment, if that right interferes with the governments ability to do its job, it will be outweighed possibly and the government’s right could take over. You could be punished or terminated,” explained Pankey.
For those unsure on how writing that post may impact their next check, Pankey emphasized looking through the employee handbook. He also encouraged a review on if this internet beef feels worth the potential firing.
“Remember your family and your livelihood. Is it really worth engaging with someone on the internet in an argument? If you truly value your job and you can’t afford to lose it, the best thing to say is nothing at all.”
RELATED CONTENT: Teachers Under Fire For Exercising Free Speech Rights
