EMPLOYEES MAY BE TERMINATED FOR OFF-DUTY SPEECH THAT HARMS THE EMPLOYER’S INTERESTS
Written by Stephen Trimboli
Do the federal or state constitutions prevent a New Jersey business owner from terminating employees for their off-duty speech? According to a new state court decision, the answer is “no,” at least when the off-duty speech is harmful to the business owner’s interests.
McVey v. AtlantiCare Medical System Inc. involved a medical system’s Corporate Director of Customer Service. The medical system’s social media policy warned that social media activity, even outside of work, “has the potential to affect AtlantiCare employee job performance, the performance of others, AtlantiCare’s brand and/or reputation, and AtlantiCare’s business interests.” It further warned, “When you identify yourself publicly as being employed by … AtlantiCare, ensure your profile and related content is consistent with how you wish to present yourself with colleagues and clients.” The policy specifically warned employees to avoid “topics that may be considered objectionable or inflammatory – such as politics and religion.”