With the tragic killing of the conservative political activist Charlie Kirk, thousands if not more people, went to their social media accounts to express their opinions in one fashion or another. In some cases employers have been forced to take employment action against workers that have posted comments perceived to be negative or in celebration of the tragedy.

Workers sharing opinions online about current events and politics is nothing new. What is different nowadays is the intensity of backlash employers can face, including phone calls, emails, and public pressure threatening to condemn organizations if an employee makes an inappropriate comment. In some cases, outside groups monitor online activity, compiling lists that are sometimes inaccurate of individuals posting actual or perceived negative remarks, and then contact their employers in an effort to have them terminated.

Some cities and states protect speech in the private employment context. Washington DC protects political affiliation. Connecticut protects employee First Amendment rights into private employment relationships, and New York has an off-duty conduct law that prohibits employers from firing an employee or refusing to hire a person for certain outside “political” or “recreational” activities. California has a law that makes it illegal for employers to “impose any rule, regulation, or policy preventing employees from engaging in political activities or speaking out on matters of public concern.”

What can an employer do?

First, private employers have the right to discipline and/or discharge employees that bring negative publicity and threaten the livelihood of their business. There are not any discriminatory protections for employee speech per se. The publication or communication of political opinion is not protected speech when between private parties.  

That said, there can be areas of worker speech that may be protected to some extent. Think speech involving an employee’s right to engage in labor organizing and protected concerted activity. This is a protection under the National Labor Relations Act (NLRA). Employees that are disciplined for speech involving organizing and mutual protection to organize can go to the National Labor Relations Board for redress from employer discipline in that case. Employers should first check the context of controversial worker speech being complained about before pulling any disciplinary trigger.

Employers should ensure they have a clear social media policy and workplace rules in place that give them the ability to respond when employees cross the line, especially if their actions generate negative publicity or even calls for a boycott of the company’s products or services.

It may also be wise to provide supervisory training that equips managers to address interpersonal conflict in general, including political disagreements. Even if training is not practical, keep in mind that political discussions can quickly shift into areas such as race, gender, religion, national origin, and other legally protected categories, which may expose the organization to potential liability.

Sources: Wall Street Journal. Workers are Getting Fired Over Posts Mocking Charlie Kirk’s Death. (9/15/2025)

CCH HR Answers Now. Expert Guidance: Managing Political Conflict in the Workplace.