Free Speech, Hateful Speech & Your Business: What Small Employers Should Know

In the wake of public tragedies like the recent murder of Charlie Kirk, some businesses, especially larger corporations, have made headlines for terminating employees who made hateful comments or celebrated the incident online. But for small businesses, these situations are much more complex.

The Workplace vs. the Real World

As a business owner, your first priority is protecting your team, your customers, and your company culture. When an employee makes hateful or inflammatory comments while on the job, especially in front of others, it’s absolutely within your rights, and likely your responsibility, to take disciplinary action, including termination.

However, what if that comment was made outside of work hours? What if it were on their personal social media?

This is where the waters get murky.

Key Differences: On-the-Job vs. Off-the-Clock Behavior

Hate Speech at Work: It may be a lower risk to discipline or terminate an employee, but it depends on your company policies, the severity of the hateful speech, and in what context it occurred.

Hateful speech on a social media page, connected to the employer: Moderate risk to discipline or terminate the employee, but it all depends again on policy and the context of what was written.

Hateful speech off duty or on an employee's social media: This would be considered high risk for an employer to terminate the employee. Action in these cases is usually only warranted if there is a tangible workplace disruption caused by the conduct.

Small Businesses Have Smaller Shields

Large corporations have legal teams (and the capital) and PR experts to manage public fallout. Small businesses, on the other hand, operate with tighter budgets and thinner margins, and face more personal exposure if things go sideways.

That means you need to walk a fine line:

• Uphold your workplace values

• Protect your team from hostility

• Avoid infringing on employee rights, especially if their speech happened off the clock

So What Can You Do?

Here are a few practical steps to navigate these issues:

1. Have a Clear Code of Conduct

Spell out what types of behavior are unacceptable—both on and off the job, if they reflect on the company.

2. Clarify Your Social Media Policy

You can’t control what people post in private, but if they mention your business, their content becomes your problem.

3. Separate Personal Beliefs from Professional Behavior

Don’t fire someone just because you disagree with their views. Focus on whether their actions disrupt the workplace or violate your policies.

4. Document Everything

Before making any employment decision based on speech, document:

• What was said or done

• When and where it occurred

• How it impacted the workplace

5. Consult an HR or Legal Pro

Especially in free-speech-friendly states like California, employers must seek advice before acting on controversial behavior that happens that could be considered hate or violent speech, whether it's on or off the clock.

Final Thought

You can terminate someone for speech that violates your workplace policies or creates a toxic environment, but tread carefully. As a small business, your reputation, your team, and your compliance risk are all on the line.

When in doubt, Infinium HR is here to help you navigate these issues with balance, legal clarity, and care.