Written by Stephen Trimboli

Do the federal or state constitutions prevent a New Jersey business owner from terminating employees for their off-duty speech? According to a new state court decision, the answer is “no,” at least when the off-duty speech is harmful to the business owner’s interests.

McVey v. AtlantiCare Medical System Inc. involved a medical system’s Corporate Director of Customer Service. The medical system’s social media policy warned that social media activity, even outside of work, “has the potential to affect AtlantiCare employee job performance, the performance of others, AtlantiCare’s brand and/or reputation, and AtlantiCare’s business interests.” It further warned, “When you identify yourself publicly as being employed by … AtlantiCare, ensure your profile and related content is consistent with how you wish to present yourself with colleagues and clients.” The policy specifically warned employees to avoid “topics that may be considered objectionable or inflammatory – such as politics and religion.”

Written by Dorothy A. Martin-Neville, PhD

A blessed and happy holiday to you. For some, it is simply a long weekend while for others it is a remembrance and celebration of the contributions of the working folks in both the development and achievements of the United States. It is a reminder that America is a country that has been built on the backs of millions of poor and hardworking people.

For all of us together, it also means that another summer is starting to wind down. School, in a variety of forms, has either begun or is about to begin. Not without the drama of masks or no masks for those going back into the classroom. Know your values and know that whatever they are, there is always a consequence. Own your values and the price of having them. How free you are to have a choice, even if one is a choice you don’t like….