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.

Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.

Other Highlights

Someone Wants Your Employee Fired. What (Not) to Do.
Workforce Bulletin
Nancy Gunzenhauser Popper, Lauri F. Rasnick, Susan Gross Sholinsky

All Is Not Lost as the Sun Sets on the HIPAA Reproductive Health Rule
Workforce Bulletin
Karen Mandelbaum, Sandra R. Mihok

Controversial Commentary in the Workplace After the Kirk Killing
Game Developer
Susan Gross Sholinsky, Nancy Gunzenhauser Popper quoted

Back to Basics: How the ADA Restricts Medical Exams and Inquiries for Current Employees
HR Dive
Dov Lutzker quoted

Your Workforce. Our Business.® 
As a trusted leader in U.S. employment law, Epstein Becker Green supports employers from a variety of industries in mitigating risks, safeguarding reputations, and enhancing bottom lines. Learn more about our employment, labor, and workforce management services.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. 

Trouble viewing the video? Please contact thisweek@ebglaw.com and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

Email Notifications

Podcast Apps

Never miss an episode! Subscribe to Employment Law This Week on your preferred platform:

Amazon Music      Apple Podcasts      Overcast      Pandora      Spotify      YouTube

Also on Audacy |  Audible |  Deezer |  Goodpods |  iHeartRadio | PlayerFM |  Pocket Casts | YouTube Music

Spread the Word

Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please like and share the edition each week on LinkedIn, Facebook, X, and YouTube, and encourage your connections to subscribe for email notifications.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

Back to Series
Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.