Park Avenue Presentations

Freedom of Speech and the Workplace: Balancing Employer and Employee Rights

Duration: 90 minutes

Speaker: Dr. Jim Castagnera, Esq.


Webinar Description

Imagine the surprise experienced in late October by the three Harvard law students whose job offers were rescinded by a major international law firm because they publicly supported Hamas against Israel.  Could the law firm do that? 

If these budding attorneys did well in their Constitutional Law course, they know the answer is “yes.”  In most respects, the Bill of Rights --- including First Amendment free speech --- stops at the private employer’s front door.

Of course, this isn’t the case for public employers, such as state and municipal governments, where the employees enjoy the full measure of First and 14th Amendment rights.

Additionally, employees at both private companies and public organizations enjoy free-speech rights from a wide range of other sources, some of which are likely to be as surprising to you as their job rescission was to those Harvard students.  For example, the National Labor Relations Board interprets section 7 of the national labor law as protecting social-media posts by employees, when these workers are acting in concert for their mutual aid and protection.  Other employee-speech protections include a multitude of federal and state whistleblower laws, as well as so-called “Legal Activity” laws insulating off-duty speech from retaliation.

With a contentious national-election year looming, employers’ patience and self-restraint are bound to be sorely tested by activist employees.  While you have every right to restrain workplace speech in the name of safety and efficiency, knowing where that right ends and your employees’ rights begin is essential to avoiding lawsuits, agency actions, and worker agitation.



Join Dr. Jim Castagnera, Esq., an attorney and law professor who brings a half century of solid experience to this timely webinar.  This 90-minute session will cover:




Continuing HRCI Credit Information

This program has been pre-approved for 1.5 hours of General recertification credit hours through the HR Certification Institute. Use of the seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.


Continuing SHRM Credit

SHRM Recertification Provider
Park Avenue Presentations is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit



This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.