Expert: Michael Troy - 5/25/2002

Question
Recently my job was threatened because of something I allegedly said during my lunch hour a  while ago.  Even though I assured my supervisor I never say anything unethical, she kept saying that the simple fact that my name is coming up in meetings I could be terminated.In other words simply because other people claim I'm saying improper things about coworkers I can lose my job.  How accurate are these statements, can I lose my job?  Even if the allegations were true, isn't there some legalities involved before anyone gets fired.  

Answer
Hi Grace,

I cannot provide specific legal advice in this situation as such would constitute unauthorized practice of law.  I am however happy to comment generally on free speech in the workplace.

First of all, the First Amendment only applies to the government.  If you work for a private employer, the First Amendment is completely irrelevant.  Even if you work for a government employer, speech is only protected if it is a matter of public concern.  Discussions of office gossip, office politics, or other private matters are actionable.

Most states are "employment at will" which means you only have your job as long as you want it and the employer wants you, unless you have an employment contract that specifically says otherwise.  Unless you can show some form of race, sex, or other protected status discrimination, it usually is not a legal issue.  It is up to the discretion of the employer.

I realize this was probably not what you wanted to hear, but I hope you understand the situation better.

- Mike