Expert: Michael Troy - 2/24/2009

Question
I routinely post on blogs. I found out that a co-worker had posted on p**psheet about another coworkers affair. This co-worker listed the persons vehicle, license plate number, his wife and children's address and cell numbers ..etc. So I contested his post using my real name, because I knew he would delete the posting, If he knew it was me questioning it. Now this poster is I jeopardy of losing his job, granted he is probably guilty of being stupid, but I don't want to see him loose his job. I am generally supported by the company, because I basically chew up and spit out people that do do not agree with company policy. How can it be any different from what I do to what he did. We both beat up on people over the internet. I believe that I'm protected by the first amendment, Isn't he? This was not on company, or equipment. I'm not in my companies human resources or management departments. I'm actually a 1100 ton press operator that goes home every night stinking like coolant. I just don't want to see someone lose their job. P.S. I never hide who I am, My Email is  and my home number is .

Answer
Hi Bob,

In terms of your job, neither of you has any First Amendment protection.  The First Amendment only applies to government restrictions on speech.  A private employer has no such limitations and is not bound by free speech restrictions.  Most employees are employees at will and can be dismissed at any time and for almost any reason.

I hope this helps!
- Mike