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“An employer’s free speech right to comment upon matters that affect the business is firmly established,” noted a Vermont federal judge earlier this month. “But when such commentary is a threat of retaliation … it is without the protection of the First Amendment.”
That’s fancy speak for employers can’t use social media to retaliate against employees, current or former.
The case involves an employee who believed he was shorted overtime in his paycheck and texted his boss that he would go to the “labor board.” Wouldn’t you know it? The employee got fired and promptly complained to the U.S. Department