Protect your brand while avoiding costly employee speech litigation.
In today's polarized social and political climate, employers face an increasingly difficult challenge when employees engage in speech -- whether on social media, in the workplace, or in public forums -- that damages the organization's reputation, alienates customers, or disrupts operations. The legal landscape governing employee speech is complex and often counterintuitive, involving an overlapping patchwork of federal protections under the National Labor Relations Act, state lawful off-duty conduct and political activity statutes, anti-SLAPP laws, and First Amendment protections for public and quasi-public employers. Employers who react too quickly or without a clear understanding of these protections risk costly unfair labor practice charges, wrongful discharge claims, and litigation under anti-SLAPP statutes that can result in an award of attorney fees and sanctions. This course will equip human resources managers, business owners, executives, and other professionals responsible for workplace policy and personnel decisions with a practical framework for evaluating employee speech before taking action. Attendees will learn how to distinguish protected speech from unprotected conduct, understand the enforceability of nondisparagement clauses and social media policies, and navigate real-world scenarios involving politically and socially charged expression. The live webinar will also provide practical tips on drafting lawful workplace policies and agreements, and on applying a time, place, manner, and content analysis to employee speech situations as they arise. This course is essential for any employer seeking to protect its brand and reputation while avoiding the significant legal and financial exposure that comes with missteps in this rapidly evolving area of employment law.
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Legal Protections for Employee Speech
- Section 7 of the National Labor Relations Act
- Lawful Off-Duty Conduct Statutes and Political Activity Statutes
- Wrongful Discharge in Violation of Public Policy
- The First Amendment and the Garcetti Framework
- Other State Actions to Protect Employee Speech
Limits on Employee Speech: Where Protection Ends
- False, Defamatory, or Maliciously Misleading Speech
- Discriminatory, Harassing, or Threatening Speech
- Profanity and Vulgar Speech in the Workplace
- Confidential, Proprietary, and Trade Secret Information
- Nondisparagement Clauses and Restrictions on Employee Criticism
Anti-Slapp Statutes and Employer Litigation Risk
- Overview of Anti-Slapp Protections
- Key State Anti-Slapp Statutes
- Practical Implications for Employers
Practical Hypotheticals: Navigating Hot-Button Issues
- Social Media Accusations
- Discriminatory or Offensive Speech
- Audience and Forum Considerations
- Politically and Socially Charged Expression
Policies, Agreements, and Practical Takeaways
- Lawful Versus Unlawful Workplace Policies
- Enforceable Agreements
- A Practical Framework for Employer Decision-Making
- Key Takeaways
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on June 26, 2026.
Call 1-866-352-9540 for further credit information.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services/Noggin Guru Inc. is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stephen E. Baumann, II
Holland & Knight LLP
- Equity Partner at Holland & Knight LLP
- Provides nationwide, risk-adjusted advice to employers of all sizes, from small startups to Fortune 500 companies
- Has a robust litigation practice in federal and state courts nationwide, as well as administrative proceedings, including complex litigation involving labor relations issues, trade secret matters, and matters involving claims of retaliation, wrongful discharge in violation of public policy, and unlawful restrictions on employee speech
- Advises employers on employment policies, protection of trade secrets, and restrictive covenant agreements in a constantly evolving legal landscape
- Trains employers on how to effectively manage and remain union-free or, if unionized, manage their union-represented workplaces
- Regularly advises employers on the legal boundaries of employee speech, including protected concerted activity under the NLRA, political expression, off-duty conduct, and social media use, helping clients of various sizes and industries navigate complex and evolving legal standards before disputes arise
- Drafts and reviews workplace policies — including social media policies, codes of conduct, nondisparagement provisions, and confidentiality agreements — to ensure compliance with federal and state laws governing employee expression
- Published ‘You’ve Got a ‘Friend’: Social Media’s Influence on Employee Rights’ in For the Defense
- Presented ‘Protected Union-Related Speech and Concerted Activities: Walking the Increasingly Fine Line of ‘Free Speech’ in the Workplace’ for Lorman Education Services
- Presented ‘Update Your Status: Current Legal Risks Related to Social Media in the Workplace’ at the Mile High SHRM Emerging Leaders Conference
- Published ‘New Labor Protections for Thousands of Public Workers in Colorado Take Effect in July’ in Law Week Colorado
- Recognized in The Best Lawyers in America guide, Employment Law – Management, Litigation – Labor and Employment; The Best Lawyers in America guide, Ones to Watch, Employment Law – Management, Litigation – Labor and Employment; and Stand-out Lawyer, Thomas Reuters; among other recognitions
- Can be contacted at [email protected] or 1-303-974-6563
Hannah Fitzgerald
Holland & Knight LLP
Hannah J. Fitzgerald
- Associate at Holland & Knight LLP
- Represents and advises employers in labor relations disputes, including before the NLRB, in collective bargaining, in arbitration, and in federal and state court
- Regularly represents and advises employers in trade secret matters, including drafting agreements, issuing cease and desist letters, and representation in federal and state court litigation and arbitration
- Provides various workplace trainings for management, including labor relations training
- Drafts and revises various agreements that arise in the employment life cycle, including employment agreements with restrictive covenants and separation agreements with confidentiality and nondisparagement provisions
- Drafts and revises employment policies, including social media policies, confidentiality agreements, nondisparagement provisions, and other workplace policies to align with current NLRB guidance and other federal and state law requirements
- Advises employers on employee speech and expression issues, including social media activity, political speech, and off-duty conduct, and assists in evaluating whether employer responses comply with applicable federal and state protections
- Can be contacted at [email protected] or 1-303-974-6540
Billie Jo Risheim
Holland & Knight LLP
Billie Jo M. Risheim
- Associate at Holland & Knight LLP
- Defends employers in state and federal court, arbitration, and before state and federal agencies for various claims including discrimination, harassment, and retaliation, as well as complex trade secret issues, breach of contract, whistleblower claims, among other claims
- Advises employers on various issues arising throughout the employment lifecycle, including workplace policy compliance and restrictive covenants
- Counsels employers on responding to employee speech that may implicate trade secret protections, confidentiality obligations, or restrictive covenant agreements, among other issues
- Assists employers in drafting employment agreements containing restrictions on speech and similar workplace policies
- Can be contacted at [email protected] or 1-303-974-6643.
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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