Tips for Policing Employee Social Media as Elections Near

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Two things are eminently clear as the 2020 election season ramps up: (1) Everyone has an opinion, and (2) they aren’t shy about sharing it.

Source: Guzaliia Filimonova / iStock / Getty Images

So, what’s an employer to do when an employee likes or shares an inflammatory article on Facebook or uses his 280 characters on Twitter to start a battle with a local government candidate? Is the employee’s speech protected? Does the National Labor Relations Act (NLRA) apply? Here are a few considerations.

First Amendment

Generally, a private company can discipline an employee for a problematic social

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