Reference no: EM133247063
Question: Can a private employer in the United States legally fire an employee because the employer disapproves of the workers speech or expression -- political or otherwise -- while the worker is on-the-clock? Why or why not? Explain.
Notes: As we've learned, the First Amendment protects speech from U.S. government regulation. Generally, it does not apply to U.S. private individuals or businesses.
Our focus for this discussion is if, or when, a non-contract private sector employee can be legally fired for their speech whether spoken or symbolic.
Do not discuss speech protections for employees in the U.S. governmental or public sector. That is irrelevant to our discussion.
You must first clearly answer the initial yes-or-no question. Then, you must fully explain your answer in narrative form, using the supporting information gained through research. Be sure to use the correct the legal terms to describe the nature of non-contract private sector employment and the non-contract private sector employee. Those names will be readily apparent in any credible source you find on this subject.
Do not simply provide a citation as the basis for your answer. You must explainyour responses. I am asking specific questions and want specific, thoughtful answers.
Remember, in all areas of law there is a general rule and one or more exceptions to that rule. In you answer, you must explain the general rule of private sector employment as it applies to each question, and then explain any exceptions to the rule.
The questions are not about what you think the law should be. The questions ask what the law allows.
You must cite at least two credible and authoritative sources that support your answers.
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