Considerations for Employers Policing Social Media

Two things are eminently clear as the 2020 election season ramps up—1) everyone has an opinion, and 2) they are not shy about sharing it. So, what is an employer to do when an employee likes or shares an inflammatory article on Facebook or uses his 140 characters on Twitter to start a battle with a local government candidate? Is the employee’s speech protected? Does the National Labor Relations Act apply? Below are a few considerations.