In the wake of Charlie Kirk’s death, the social media response -- in support and opposition to his political positions -- has gotten some people in trouble.
A Carolina Panthers communications coordinator was fired after allegedly posting an Instagram story saying 'Why are y'all sad? Your man said it was worth it...' with a photo of Kirk.
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Employment law attorney Victoria Kepes of Noble Law answered WRAL News questions about social media, your job and the law. This interview has been edited for clarity.
WRAL: As an attorney, what are your thoughts on the legality of these terminations — specifically around workers’ rights and employers’ rights in deciding what employees can or cannot post online?
Kepes: In North Carolina, most employees are at-will, and that means that your employer can fire you at any time for any reason or no reason. (If) you are expressing any opinion on social media that doesn't align with your company in general, there's not going to be any recourse for a termination. Now, obviously there are some exceptions. They're pretty narrow, but there are definitely some exceptions.
WRAL: What do you see as the best practices for employees managing their personal social media — whether that means avoiding controversial posts altogether or keeping accounts private?
Kepes: We often advise our clients that the best course of action is to be very careful about what you put out online. You know, saying nothing is probably the best policy, but obviously ... you can post whatever you'd like on social media. (You) just have to understand that there could be consequences from your employer if that doesn't align with your employer's values.
WRAL: If an employment contract doesn’t specifically mention social media, does an employer still have the right to terminate someone over what they post online, especially in a job where they represent the brand?
Kepes: That's a great question. Employees with contracts with their employers can be one of those exceptions. Now. Not always. But if you have a contract that alters that at-will status, that can offer you some opportunities. So if you have a contract, for example, that ... provides only certain circumstances in which you could be terminated and that is not listed, then, you may have a cause of action. For the most part, I will say most employees, even if you have a contract, you know, you're going to have still be in that at-will category. And it doesn't necessarily need to provide specifically, set out that you can't say certain things on your social media for them to terminate you when you are at-will.
WRAL: How do North Carolina’s laws on this issue differ from those in other states?
Kepes: I actually practice in both North and South Carolina and they're pretty similar in that respect. There are definitely some other laws in other states that I couldn't speak to in particular, but it's certainly the case that the landscape in each state is going to be fairly different. There may be some states where that's not the case.
WRAL: What do you think is most important for people to know about posting on social media and the risks they should be aware of?
Kepes: I would say just be very conscious of what you're putting on your social media. Be aware that your employer is likely watching. And, you know, the best course of action is to remain private. And when I say remain private, I mean don't post things publicly on the internet that might upset your employment. Now, of course, you know, you have the right to do that, but ... it's important that you understand that there are potential consequences for your employment.