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Can I fire an employee who has posted disparaging comments about our salaries on his personal Web site?
It's risky. While the First Amendment does not apply to private sector employees, the National Labor Relations Act prohibits even non-union employers from taking adverse employment actions against employees who engage in protected concerted activity. Your one employee may be engaging in concerted activity if his comments were made on behalf of co-workers. Thus termination because of these comments could create liability. However, termination for disclosing confidential information would likely be defensible.
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