In the wake of public figure Charlie Kirk’s assassination, a wave of employees across the country are reportedly being terminated for social media posts expressing celebration or approval of his death. Employment attorney Eric B. Kingsley is clarifying what the law allows and where employees may have recourse.
In California and many other states, most workers are employed “at will.” This means employers can terminate employees for nearly any reason, including off-duty social media posts, so long as the termination does not violate the law. Kingsley cautions, however, that not all firings are lawful. Employees cannot be fired for reasons tied to protected categories like race, religion, gender, disability, or age. Social media posts about working conditions, pay, or rights may be protected under the National Labor Relations Act. Certain state and local laws also protect political expression, and employers may not retaliate against legally protected activity.
“Freedom of expression does not mean freedom from workplace consequences,” said Kingsley. “But employers cannot use tragedy as a pretext for unlawful terminations. When terminations touch on politics, speech, or protected categories, employees should know they may have legal options.”
Employers often justify terminations as protecting brand reputation or avoiding workplace disruption, but blanket policies may run afoul of anti-discrimination and retaliation laws if applied unevenly. Kingsley advises employees who are disciplined or terminated over social media posts to document everything, review company policies, and seek legal advice early.
Learn more at: https://www.kingsleykingsley.com/can-you-be-fired-for-social-media-posts-in-california
About Kingsley Szamet Employment Lawyers:
Kingsley Szamet Employment Lawyers is a California-based firm exclusively representing employees in wrongful termination, discrimination, retaliation, and class-action lawsuits. The firm is committed to protecting workers’ rights and educating the public about their legal options.
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Published by: Randy Rohde