Can I Be Fired for What I Say? A Guide to Free Speech at Work in Nebraska
Many Nebraskans believe the First Amendment protects them from being fired for what they say, whether online or in the workplace. The truth is more complicated. The First Amendment protects individuals from government restrictions on speech, not from private employers. This legal principle—called the “state action doctrine”—means your protections depend on who you work for and what you say. For most private employees in Nebraska, speech protections are limited, while public employees (government workers) do have constitutional rights, though even those rights are subject to limits.
In Nebraska, the starting point is “at-will” employment. This means your employer can fire you for any lawful reason—or no reason at all—unless an exception applies. If your boss dislikes a Facebook post, overhears a political opinion, or objects to your tone, you can legally be fired. That may feel unfair, but it doesn’t violate your constitutional rights. Still, there are important exceptions. Federal laws like the National Labor Relations Act (NLRA) protect certain work-related speech. Whistleblower statutes shield employees who report unlawful activity. And Nebraska courts recognize a public policy exception, which protects workers from being terminated for refusing to break the law, performing legal duties like jury service, or exercising certain rights like filing for workers’ compensation.
For public sector employees, the rules differ. Because government employers are “state actors,” they cannot punish protected speech without justification. Courts use the Pickering Test to balance an employee’s right to speak as a private citizen on matters of public concern against the government’s interest in running an effective workplace. If the speech causes disruption, the government may still act.
This guide explains what free speech really means at work in Nebraska, covering private versus public employment, critical exceptions, and answers to common questions. Whether you’re an employee trying to protect yourself or an employer seeking clarity, understanding these boundaries is essential.
Free Speech and Private Sector Employees in Nebraska
The Power of At-Will Employment
Nebraska is an at-will employment state. Employers can terminate employees at any time, for almost any reason, as long as the reason is not illegal. The First Amendment does not apply to private employers.
Exceptions That Protect Employees
While broad free speech rights do not apply, there are key exceptions:
Protected Concerted Activity (NLRA): Employees can discuss wages, working conditions, and unionizing. Speech about workplace terms and conditions is often protected.
Whistleblower Protections: Employees cannot be lawfully fired for reporting unlawful or unethical conduct to authorities.
Public Policy Exception (Nebraska): Employers cannot fire you for reasons that violate public policy. This includes refusing to commit an illegal act, filing a workers’ compensation claim, reporting child abuse as a mandatory reporter, or serving on a jury.
Free Speech and Public Sector Employees
Why Public Employees Are Different
If you work for the government—whether a school, agency, or city department—you have First Amendment rights that private employees do not.
The Pickering Balancing Test
Courts evaluate public employee speech using three questions:
Private Citizen: Were you speaking as a private citizen rather than fulfilling job duties?
Matter of Public Concern: Was the speech about an issue of political, social, or community importance?
Balance of Interests: Does your right to speak outweigh the government’s need for an efficient, disruption-free workplace?
If all three are met, your speech is likely protected. But if it disrupts operations or damages public trust, the government may discipline you.
Key Takeaways for Nebraska Employees
Private Employees: You have limited protections. Exceptions include NLRA rights, whistleblower laws, and Nebraska’s public policy exception.
Public Employees: You do have First Amendment protections, but they are limited by workplace efficiency concerns under the Pickering test.
Frequently Asked Questions (FAQ)
1. Can my private employer fire me for a political bumper sticker on my car?
Yes. In Nebraska, private employers are not required to tolerate political expression. If your car is on company property and the sticker violates workplace policy, you can be disciplined or fired.
2. Can I be fired for what I post on social media?
Yes, unless the post involves protected concerted activity under the NLRA (such as discussing wages or working conditions with coworkers) or whistleblowing.
3. I work for the state. Can I be disciplined for criticizing my agency online?
Possibly. While your speech may be as a private citizen on a matter of public concern, courts weigh it against workplace disruption. If it undermines trust in your agency, discipline may follow.
4. What exactly is “protected concerted activity”?
It’s when employees communicate with or on behalf of coworkers about employment terms—like pay, safety, or unionizing. Personal complaints about a boss are not protected.
5. I was fired after refusing to do something illegal at work. Do I have a claim?
Yes. This falls under Nebraska’s public policy exception to at-will employment. You should consult an employment lawyer immediately.
Think You Were Wrongfully Terminated?
Employment law can be confusing, but you don’t have to navigate it alone. If you believe you were fired for an illegal reason, contact our office for a consultation. We’ll review your situation and help you understand your rights.