Should I write up or fire my employee again for harassment?

[cbg]

And honestly you are setting your employer up for a claim if you let others speak freely but not this one employee because you disagree with her thoughts/position/stance/religion/etc.

Which is why I told him he was painting a target on his own back. But what do I know, I've only been in HR for 45 years.

 

[hrforme]

Which is why I told him he was painting a target on his own back. But what do I know, I've only been in HR for 45 years.

yes, his HR must LOVE him.....

 

[Tax Counsel]

I have some news for you; first amendment right to free speech doesn't extend to private employment. It protects government employees and some other circumstances but, you can tell your private employees to keep their opinions to themselves while at work.

The First Amendment does not apply, but some other law might. My state now has a law that bans all employers, private and public, from discriminating against employees because of their viewpoint. That doesn't necessarily mean the employer can't set reasonable rules for when the employees may express their viewpoints at work, but given that the law is so far untested in the courts an employer here takes some risk in shutting down employees for expressing their views. I'd not be surprised if other (mostly blue) states adopt the same kind law. So the OP ought to be sure he/she is up to speed on the current state law regarding illegal discrimination and employee rights so as not to be caught off guard by a change like the one my state made.

 

[welkin]

My state now has a law that bans all employers, private and public, from discriminating against employees because of their viewpoint.

I have read some of the state laws like South Carolina's and Connecticut's.

These laws protect the employee because of the opinion they may hold or affiliations. They do not protect the employee when it comes to their behavior.

In the Connecticut statute, there is this caveat:

provided such activity does not substantially or materially interfere with the employee's bona fide job performance or the working relationship between the employee and the employer,

Under Connecticut law, conversations or expressions that disrupt working time and operations, are not protected.

In the context of this thread, we are speaking about behavior and not viewpoints.