![]() Winston & Strawn rescinds NYU law student's job offer over 'inflammatory' Israel comments #employmentlaw #humanresources #law #employment #employeerights #discrimination #retaliation If a fired employee could prove discrimination based on these factors, it could be in violation of federal, state and local laws (2) NYS Labor Law protects against discrimination against employees for certain legal activities conducted outside of work, including, as possibly applicable here, “political activities” and “recreational activities.” Depending on the social media post or activity, it could fall within one of these classifications which are more specifically defined in the statute. However, the statute permits employers to fire employees if the social media post “creates a material conflict of interest related to … business interest.” Thus, if an employer could show that they will lose business as a result of the post, it would have a strong argument that firing the employee does not run afoul of the statute. Separately, if employees are in a union, have an employment contract, or work for a municipality, they have further protections. However, there are statutory concerns (1) an employer cannot discriminate based on religion or national origin. This is not an issue of Constitutional Free speech as the First Amendment protects only against govt restrictions on speech - not private employers. ![]() Can an employer legally fire employees who take positions regarding the Israel/Hamas situation? It depends.
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