How to balance politics, free speech, and workplace needs

Q         How should we handle politics in the workplace? We've had one employee posting campaign stickers and another taking them down.

A   It depends on what state you’re in. In Connecticut, a state law makes it unlawful for employers to discipline or discharge employees for exercising First Amendment rights unless it can prove the activities substantially or materially interfered with either (1) the employee’s performance or (2) the working relationship between the individual and the employer. An employer that violates the statute must pay, among other things, the employee’s attorneys’ fees.

Thus, in Connecticut, you need to be very careful about disciplining or firing employees because of (or even after) they engage in free speech activity. You should take such action only if you have strong evidence their activity is materially affecting job performance (for example, if they are is yelling at customers about politics and causing them to storm out) or their relationship with the company. Even then, firing an employee can be risky.

Other states differ with respect to how they treat free speech in the workplace, so check your state’s laws.

Brendan N. Gooley is an employment attorney with Carlton Fields in Hartford, Connecticut. You can reach him at 860-392-5036 or bgooley@carltonfields.com.