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Originally Posted by daswig
So if I hire an employee who later goes out and says things which will cause me to go out of business if I don't fire her, I'm expected to go out of business rather than fire the bigmouthed employee?
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And we're supposed to take your word for it that the comments would negatively impact your business? Sounds like the perfect excuse to fire anyone at anytime for any reason - and then blame it on something they said while on vacation in Bermuda.
In reality, employers typically cannot simply fire someone without a good deal of documentary evidence of malfeasance or budgetary issues. "Something they said" is only rarely going to a defensible explanation (such as your Boy Scouts/NAMBLA example and, obviously, trade secret dissemination).
Why? Because employees have rights of protection against improper treatment by employers.
You're a lawyer, right? You should know all about it.