Can I fire employee who attempts to overthrow the government? Yes, you can

While most employees were settling into the first full workweek of 2021, some traveled to Washington, D.C., on Wednesday, January 6, to attend a "Save America Rally." As everyone knows, the ensuing showdown at the U.S. Capitol led to destruction, deaths, arrests, and, for some individuals, termination from their jobs. Here is a primer on the employment law implications.

Rioters' social media posts were revealing

Videos have been posted of people from all over the country who stormed the Capitol to protest the 2020 presidential election results. As usual, social media was buzzing with attempts to identify the demonstrators, and with astonishing speed several people who breached the building have been identified by name, hometown, and, in some cases, their place of employment (including a former employee who was wearing his employee nametag).

A number of employers have publicly fired the protesters. A Chicago news station reported a local real estate company terminated an agent after her social media post revealed she had participated in "storming the Capitol." An insurance company similarly parted ways with an in-house attorney who livestreamed his activities outside the legislative building.

Hey, what about free speech?

As more rally rioters are outed (or "doxed"), we'll likely see more efforts to urge and/or publicly shame their employers to fire them. Would the terminations be legal? We think discharging employees who participated in the Capitol violence is permitted under the law.