Freedom of Speech in the Workplace: When Employee Conduct Hurts Your Image
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Understand the rights of free speech in the workplace and the legality of regulating speech in certain circumstances.Receive a general overview of the balance imposed by the law on employees' First Amendment rights to free speech and an employer's right to regulate speech in the workplace. You will be taught the various tests that the court often looks toward and utilizes in evaluating speech in the workplace and the legality of regulating speech in certain circumstances and conditions. In particular, this material will address the regulation of speech as it appears in social media posts. The material will also define what speech is within the context of social media. The topic will then examine the efficacy and legality of social media policies that may be utilized and implemented in the workplace. Finally, it will review when an employer should consider crafting and implementing a social media policy within the workplace.
AuthorsFrank M. Crivelli, Esq., Crivelli, Barbati & DeRose L.L.C.
Freedom of Speech
• First of All, Is It Speech?
• If It Is Speech, Can the Employer Censor It, and Can the Employee Be Disciplined for the Speech If It Is Not Made Within the Workplace?
• Does the Legality of the Regulation of Speech Matter If You Work for a Public as Compared to a Private Employer?
• If the Employer Is Censoring Speech, Does It Fall Into an Unprotected Category That Creates an Exemption?
What Is Social Media?
• Background and Overview of Social Media in the United States Today
• The Components, Rules, and Regulations of Social Media Policies That Try to Regulate Employee Speech
• What Is the Social Media Speech and Behavior That Public and Private Employers Try to Regulate?
Private and Public Employer's Right to Impose Consequences on Certain Speech
• Can a Private or Public Employer Take Disciplinary Action Against an Individual Employee for Their Speech?
• What Rules and Regulations May a Private Employer Impose on Employee Speech That Does Not Step Over the Line and Violate One's Constitutional Rights?
Employees' Rights to Free Speech
• Do Public Employees Truly Have a Right to Free Speech in or Outside of the Workplace?
• Do Employees That Work for Private Corporations Truly Have a Right to Free Speech in or Outside of the Workplace?
• The Protection of the First Amendment as Applied to Public and Private Employees in the Workplace
• What Are Statements Made by Employees in Their Official Capacity and May Such Statement Be Regulated?
• When Is Speech Considered to Be a Matter of Public Concern Which Is Thereby Protected?
• When Private Speech About a Matter of Public Concern Is Not Protected
• The Various Tests Employed by the Courts in Evaluating the Legality of Regulating Speech in the Workplace