"In the U.S., laws can vary across states, but overall, there's very little legal protections for employees who are punished for speech made both in and out of private workplaces. "Most people think they have a right to free speech...but that doesn't necessarily apply in the workplace," said Vanessa Matsis-McCready, associate general counsel and vice president of HR Services for Engage PEO."
"For example, in New York, if an employee is participating in a weekend political protest, but not associating themselves with the organization that employs them, their employer cannot fire them for that activity when they return to work. But if that same employee is at a company event on a weekend and talks about their political viewpoints in a way that makes others feel unsafe or the target of discrimination or harassment, then they could face consequences at work, Matsis-McCready said."
Numerous workers were fired after public comments about the fatal shooting of conservative activist Charlie Kirk, including a high-profile analyst. State laws vary, but most private-sector employees lack protection for speech made on or off the job. Employers can monitor social media and may dox or discipline employees for outside conduct. New York provides some protections for political protest participation when not tied to an employer, but employees can face consequences if speech at company events creates harassment or safety concerns. Most of the U.S. follows at-will employment, allowing employers broad authority to hire and fire. The First Amendment does not protect private workplace speech.
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