Private employers are well within their rights to fire workers for their off-duty conduct -- which includes participating in protests.
An attorney at a large law firm is accused of participating in a Molotov cocktail attack on a New York City police vehicle Saturday night during protests over the death of George Floyd — and the lawyer now faces a federal case and hard scrutiny from his employer.
“[Mattis’] employment status will be reviewed by the Executive Committee as we obtain further information this week,” said Ronald Shechtman, the firm’s managing partner. He later added, “As we confront critical issues around historic and ongoing racism and inequity in our society, I am saddened to see this young man allegedly involved in the worst kind of reaction to our shared outrage over what had occurred.
— Michael Green, director of the workplace law program at the Texas A&M University School of Law Private employers are well within their rights to terminate workers for their off-duty conduct, he said. “It affects an employer’s reputation and status when you have people associated with them, particularly with inappropriate, obnoxious or illegal behavior,” he told MarketWatch.
When it comes to government jobs, constitutional protections like free speech, equal protection and due process apply to workers, Green said. But even those don’t give employees blanket permission to speak freely. Courts balance a public employee’s rights against their employer’s rights to keep an organization running smoothly, he said.
Ken Novikoff, a lawyer representing companies, echoed that point in an interview prior to the national protests and Mattis’ arrest. “A lot of people think the First Amendment applies to jobs with private employers, and it doesn’t,” he said.
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