What you should know about employees' political, social expression after Capitol melee

The events leading up to and occurring on January 6, 2021, at the U.S. Capitol Building and in several state capitals raise questions about your rights to hold employees accountable for their political expression and behavior away from work. Here are five things you need to know.

No free-speech protection in private sector

As a starting point, employers in most states have great latitude to consider what employees say and do away from work as a factor for whether they should remain employed. "Free speech" under the U.S. Constitution doesn't apply to the private-sector workplace, and even in the public sector, it has limitations.

Following are five (private-sector) employer rights to consider in today's highly charged political environment.

First, you don't need to have a policy for everything. If you learn about an employee's political activities or expressions that ― in your judgment ― are contrary to the organization's values, you usually have the right to take action.

Second, you have the right to consider tweets or other social media posts written by or depicting the employee when you become aware of them, even if they weren't directed toward your organization. Often, fellow employees or customers share the information with you, and you may consider it.