Can You Be Fired for a Charlie Kirk Post in Nebraska? A Guide to Off-Duty Speech and At-Will Employment

News stories about employers receiving complaints over employees’ online comments about public figures like Charlie Kirk raise a question that comes up often in Nebraska: can someone lose their job for something they said online? The short answer is yes. Nebraska is an at-will employment state, which means employers can fire employees for almost any reason—so long as it’s not illegal, such as discrimination based on race or sex. Off-duty political commentary, even on your own time, isn’t a protected category. That doesn’t mean Nebraska law is silent. The Workplace Privacy Act prohibits employers from demanding your social media passwords or access to your accounts. But that’s where the protection stops. If you post something publicly—think of it like putting words on a billboard—your employer can see it and may act on it. This post explains the foundation of at-will employment in Nebraska, how the Workplace Privacy Act works, and what both employees and employers should keep in mind when online speech becomes a workplace issue.

What Nebraska Law Actually Says About Online Speech

The cornerstone here is at-will employment. In Nebraska, unless you have an employment contract or are part of a union with different terms, you are an at-will employee. That means your employer can fire you for any reason, at any time, with or without notice—unless the reason is illegal. Illegal reasons include discrimination (like firing someone because of race, religion, or disability) or retaliation (such as firing someone for reporting harassment).

But political affiliation or online speech? Those are not protected categories. That means if an employer decides that your public post about Charlie Kirk—or anyone else—reflects poorly on their business, they may have the legal right to act on it.

The Workplace Privacy Act: Keys vs. Billboards

Nebraska’s Workplace Privacy Act is designed to protect your personal internet accounts. A good analogy is this:

• The Act protects the key to your diary. Employers can’t force you to hand over passwords, log in while they watch, or add them as friends on Facebook or Instagram.

• But the Act doesn’t protect what’s written on the billboard by the highway. If your post is public, anyone—including your employer—can see it and respond.

The distinction is simple: account privacy is protected; public content is not.

Private Employees vs. Public Employees

The law also plays out differently depending on where you work.

Private Employees

For private workers, the First Amendment doesn’t apply. It restricts the government, not private employers. That means private companies can discipline or terminate you for online speech if they believe it’s disruptive or damaging.

Public Employees

If you work for the state, county, city, or a public school, you have some First Amendment protections. But they aren’t absolute. Courts weigh your right to comment on matters of public concern against the government employer’s interest in an efficient, disruption-free workplace. Outcomes vary depending on the facts.

What Nebraska Employers Should Do

Complaints about employee speech—especially on hot-button issues—can put employers in a tough spot. The safest path is to:

• Review social media policies to make sure they’re up to date.

• Apply policies consistently across political viewpoints to avoid discrimination claims.

• Seek legal advice before disciplining or firing someone based on online speech.

What Nebraska Employees Should Know

For employees, the message is straightforward: your accounts are private, but your public posts are not. Even lawful, off-duty speech may have consequences if it’s public and tied to your employer.

Frequently Asked Questions

Can I really be fired in Nebraska for posting about Charlie Kirk?

Yes. Nebraska is an at-will state, and unless the firing violates a specific law, an employer can legally take action based on your public post.

Can my boss demand my Facebook or Instagram password?

No. The Workplace Privacy Act prohibits employers from requiring access to personal internet accounts.

Does Nebraska protect political affiliation as a category?

No. Unlike some states, Nebraska does not treat political affiliation or expression as a protected class.

If my account is private, am I safe?

Not entirely. If someone shares a screenshot, your words may become public. Private settings help, but they’re not foolproof.

The Bottom Line

In Nebraska, at-will employment gives employers wide discretion. The Workplace Privacy Act protects your login information but not what you post publicly. For employers, consistency and caution are key. For employees, it’s important to understand that off-duty speech—especially online—can spill into your work life.

If you are an employer or employee in Nebraska facing concerns over online speech or workplace complaints, contact my office to schedule a consultation and get advice tailored to your situation.