Can I be Fired for Attending a Protest or Speaking up Publicly about Politics?

This article originally appeared on USA Today's Ask HR on July 3, 2018.

Question: Can I be fired for attending a protest, participating in political activities like a rally or speaking out on my opinions on politics? — Anonymous

Johnny C. Taylor: As we all know, the lines between our work lives and personal lives are increasingly blurred. And when you add camera phones and social media to the mix, the things we do on our nonwork time — such as attending a rally or sharing a few choice words with an elected official at a city council meeting — are no longer exclusively private activities.

We’ve all seen photos and videos go viral and land in the hands of bosses, who fear the effects on the company’s brand.

So, can your company actually fire you because you attended a rally or called the city council member a jerk? 

This answer may surprise you, but, yes, your employer can, in fact, terminate your employment for off-duty behavior.

“But what about my First Amendment right to free speech?” you might ask. Well, the First Amendment only prohibits individuals from being punished by the government for their speech, so unless you work for a government employer, the hard truth is that you check your First Amendment rights at the door of your workplace.

There are a few exceptions. For example, if your employer only fires people of a certain religion or race for their off-duty activities, that would be illegal discrimination. Also protected by law is employee speech about pay, hours and working conditions. Additionally, employees covered by a union contract or working in a handful of states that prohibit firings for lawful activities might have additional protections. 

Of course, just because an employer can fire someone for his/her off-hours activities doesn’t always mean they should. It could damage a company’s culture if employees believe their private lives are being scrutinized.

I wouldn’t say it’s super common for an employer to fire someone for off-duty behavior. But it is happening more often, and it is usually legal for them to do it. So, approach potentially controversial activities with a bit of caution.