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Broker let go after posting about attending January 6 Capitol riot

October 2023 employment law letter
Authors: 
Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP

Human resources professionals understand the risks involved in making public announcements about the reason for an employee's termination. These considerations normally counsel a policy to remain tight-lipped about an employee's departure, confirming only dates of employment and position(s) held. A real estate company jettisoned this approach after negative reactions to one of its agents’ social media posts, which celebrated taking part in the January 6, 2021, Capitol riot in Washington, D.C. It turns out that truth still trumps a defamation claim.

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