GREENSBORO, N.C. — If you're at a protest or if you posted something about a protest, could your employer fire you? The answer is yes and no on both counts.
Attorney Nicole Patino of the Law Offices of Fred T. Hamlet explains, “If you are engaging in a lawful activity, depending on where you work, it's unlikely you could be terminated. However, if you are protesting and engaging in hate speech or your work for a public agency and it appears you can't perform your duties in an impartial manner, that may be a reason your employment could be terminated.”
Protesting is a lawful activity. But if your sign or your words or your actions at the protest can be seen as discriminatory, hate speech -- your employer could fire you.
Now, what about if you're not even there at the protest, you’re just commenting on it? You're in good company. I looked at just one protest story on the WFMY News 2 Facebook page and there are at least 850 comments. Aren't you allowed to say what you want? Don't you have free speech?
“For public sector employees, you have free speech protections. If you work for local, state, or federal government, you have some protections. But those of us who work for a private employer, we don’t really get to say whatever we want to. Free speech is great, but your employer has a business interest as well.”
How often people get fired over social media posts? “Regularly. The most common reason for firing someone over a post is because they call in sick or say their child has something for school and then they’re posting they’re at the beach or a concert or a game that has nothing to do with the reason you said you would need to be away from work. Now your boss has evidence.”