Situation card · Know your rights
Free speech and your rights at work
Which rights you have at work, why the Constitution mostly does not limit private employers, and which laws may help.
The 10-second version: say this
- Can I have that in writing, please?
- Can I see the policy you are using?
- I need time to read this before I sign.
Stay calm. Write down dates, names, and what was said.
Do
- Keep copies of your pay stubs and schedules.
- Write down dates, names, and what happened.
- Read your employee handbook.
- Ask questions in writing when you can.
Don't
- Don't sign anything you don't understand.
- Don't assume 'free speech' protects you at a private job.
- Don't wait long to get help. Deadlines can be short.
Myth check: "My boss can't fire me for what I say. Free speech."
The First Amendment limits the government. It does not limit private employers. In most states, a private employer can fire you for many reasons, including things you say. This is called at-will employment.
There are exceptions. Federal and state laws protect some kinds of speech and some kinds of workers. These laws are not part of the Constitution.
If you work for the government
Public employees work for the government. Examples are public school staff, city workers, and state employees. The First Amendment gives them some protection.
- In Pickering v. Board of Education (1968), the Court said a public employee speaking as a citizen on a public issue can be protected. Courts weigh that speech against the employer's need to run things well.
- In Garcetti v. Ceballos (2006), the Court said speech made as part of your job duties is not protected by the First Amendment.
Talking with coworkers about pay and conditions
- A federal law called the National Labor Relations Act (NLRA) covers most private-sector workers.
- It protects your right to talk with coworkers about pay, hours, and working conditions.
- It also protects joining or forming a union.
- It does not cover everyone. Supervisors, independent contractors, farm workers, domestic workers, and government employees are generally not covered by it.
Discrimination at work
- A federal law called Title VII bans job discrimination based on race, color, religion, sex, or national origin.
- It generally applies to employers with 15 or more workers.
- Other federal laws cover age (40 and older) and disability.
- It is also illegal to punish you for reporting discrimination.
- Deadlines are short. You generally have 180 days to file with the EEOC. In many states it is 300 days.
Your phone and your posts
- A private employer can often see what you do on a work device or work account.
- A private employer can usually discipline you for public posts. Posts with coworkers about pay or working conditions may be protected by federal labor law.
- Posts that talk with coworkers about pay or working conditions may be protected under the NLRA.
- A few states protect legal off-duty activity, like political activity. Most states do not go that far.
Common questions
Can I get fired for my political opinions?
Often, yes, at a private job. The First Amendment limits the government, not private employers. Most jobs are at-will, meaning you can be fired for many reasons. A few states protect legal off-duty political activity. Government workers have some First Amendment protection.
Can my employer stop me from talking about pay?
Generally, no. The National Labor Relations Act protects most private-sector workers who talk with coworkers about pay, hours, and working conditions. It does not cover supervisors, independent contractors, farm workers, domestic workers, or government employees.
Does the First Amendment protect me at work?
Only if you work for the government. Public employees speaking as citizens on public issues can be protected, under Pickering v. Board of Education (1968). Speech made as part of your job duties is not protected, under Garcetti v. Ceballos (2006). The First Amendment does not limit private employers.
Can I be fired for joining a union?
Generally, no, for most private-sector workers. The National Labor Relations Act protects joining or forming a union. It does not cover supervisors, independent contractors, farm workers, domestic workers, or government employees. Many states have their own rules for government workers.
Is it illegal to fire someone because of their race, religion, or sex?
Yes, at most employers. Title VII, a federal law, bans job discrimination based on race, color, religion, sex, or national origin. It generally covers employers with 15 or more workers. Other federal laws cover age (40 and older) and disability.
How long do I have to file a discrimination complaint?
Usually 180 days. You generally have 180 days to file a charge with the EEOC, the federal agency for job discrimination. In many states, the deadline is 300 days. You can call the EEOC at 1-800-669-4000.
Can my boss see what I do on my work phone?
Often, yes. A private employer can often see what you do on a work device or work account. Read your employee handbook for the company's policy. Private employers can usually discipline you for public posts, though posts with coworkers about pay or working conditions may be protected.
The law you are citing
First Amendment (1791): The government cannot punish you for your speech. This protects public employees in some cases. It does not apply to private employers.
Congress shall make no law... abridging the freedom of speech
Fourteenth Amendment (1868): States must give every person equal protection of the laws. This applies to state and local government employers.
nor deny to any person within its jurisdiction the equal protection of the laws.
Get help
- National Labor Relations Board (NLRB)Your right to discuss pay with coworkers
- EEOC: Report job discrimination1-800-669-4000