Expert: Michael Troy - 6/17/2010

Question
QUESTION: I was told today I could not talk about thing`s at work or about people outside of work.Does my employer have the right to  tell me what to say outside of work.

ANSWER: Hello,

The First Amendment applies only to government censorship of speech.  A private business generally has the right to place speech restrictions as a condition of employment.  I cannot provide legal advice in this forum, but generally courts have upheld the rights of employers to place restrictions on what employees do or say outside of work.

- Mike



---------- FOLLOW-UP ----------

QUESTION: I talk too a couple of attorney`s.They both said a employer can not tell you what too or say outside of work.One said if you sign something at work.And I talk too the EEOC and they said my employer  could not tell me what too say or do outside of work.Could I be fire on what I say outside of work.Please give me a strait answer.

Answer
Again, I am not permitted to provide specific legal advice in this forum.  But I will say again that the First Amendment does not cover private employers at all.  This has been litigated several times and the Supreme Court has said so very clearly.  

Most employees in this country are working under the "employment at will" doctrine.  This means an employer can terminate employment at any time and for virtually any reason.  There are a few statutory exceptions to this rule such as not being able to fire based on race, sex, or some other protected status.  There are some limited forms of speech that may be protected.  For example, if you are a whistle-blower, you may be protected from retaliation.  Federal law also protects you for engaging in Union related speech.  You may have some contract (such as a union agreement) with your employer, or your State may have some special protections I don't know about.  For example, I believe California offers some additional worker protections for outside speech related to political activities.  

But as far as I know, neither the Constitution as interpreted by the Courts, nor federal law give you any general protections from firing by a private employer for speech made outside of the workplace.  If you work for a government agency, the answer may be different, although government acting as an employer has far more discretion than when acting to restrict the public generally.

- Mike