Can an employer ban employees from discussing politics at work under a threat of suspension?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer ban employees from discussing politics at work under a threat of suspension?
A place where my mother works announced that all conversations pertaining to politics and recent elections are forbidden. If anyone is heard to talk about politics at work or is reported by someone else, that person will be suspended from work for 3 or 4 days and there will be a disciplinary note in their file. It seems to me, this is a violation of free speech.
Asked on November 15, 2016 under Employment Labor Law, Nebraska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Actually, this is legal. The reason is that most employment relationships are "at will". This means that a company can set the conditions of work much as it sees fit, including prohibiting employees from discussing politics or an election. This is true provided that such a prohibition does not violate the term of an employment contract/union agreement or constitute some form of legally actionable discrimination (which it does not appear to). Some speech is protected in the workplace, for example if workers wanted to discuss the formation of a union or the like, but otherwise for the most part an employer can legally mandate what can or cannot be discussed in the workplace. Accordingly, a worker can either accept the restriction, not comply but risk termination, or quit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.