09/17/2025

Free Speech at Work

Here's what employers need to know about rights, risks and respect

HR Question: In an era of polarized opinions, instant communication, and frequent social media interactions, HR professionals face the challenge of balancing employees’ free speech with maintaining a respectful workplace. How do we handle these sometimes-conflicting aspects in employment?

HR Answer: We see employee communications often that cause us pause.

• An employee calls their boss “incompetent” on social media.
• An employee shares controversial opinions outside of work.
• An employee writes a memo to coworkers criticizing diversity efforts.
• Two coworkers clash over a social issue.

So, as an employer, how do we handle these types of situations? As with many things in HR, the actions you can take surrounding such issues denoted as “free speech” depends on the situation. Many employers use “at will” employment (if applicable) as the foundation for disciplinary actions or even termination in free speech situations, but it is far more difficult than that. Employers must consider the culture, the internal policies, and more importantly the relevant laws that protect speech when addressing free speech issues both inside and outside the workplace.

Please select this link to read the complete article from OSAP Member Clark Schaefer Strategic HR.