Is it legal to fire someone for bad mouthing a specific person or business on on-line?

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Is it legal to fire someone for bad mouthing a specific person or business on on-line?

All of this happened on the employee’s own time. The specific person or business had no attachment to the company the employee worked for.

Asked on August 22, 2011 Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Actually an employee can be fired for this or anything or even for no reason at all. It's known as "at will" employment. In turn an employee can choose to work, or continue to work, for an employer. So the employer in question has violated no laws. Such a dismissal was perfectly legal.

The above holds true unless there was exiting company policy to the contrary, or this termination was prohibited by a union agreement or employment contract. As always, no formof actionable discrimination must have played a factor. If any of the foregoing were the case, that would give rise to a claim for wrongful termination.


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