A recent Appellate Division case has garnered attention for addressing the hot-button issue of the intersection of social media speech and private employment: whether a private employer can fire an at-will employee for off-hours online speech. In a case of first impression, the appellate court determined that a private employer may terminate an employee based on their social media speech. The case forced the court to wade into a tumultuous sea in light of today’s increasingly partisan political discourse. This article describes the case, issues surrounding employee speech, and offers some practical advice to both employers and employees.

Case Summary

The plaintiff in McVey v. AtlantiCare Medical System Incorporated, ___ N.J. Super. ___ (App. Div. May 20, 2022), began working as a nurse for Defendants AtlantiCare Medical System Incorporated and Geisinger Health System Incorporated (“AtlantiCare”) in 2005. Plaintiff Heather McVey was promoted several times, and by 2020 had attained the position of “Corporate Director of Customer Service.” AtlantiCare had a social media policy that, among other things, advised employees to be respectful when posting online, including consideration of AtlantiCare’s workforce, customers, and other related individuals.

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