Question
FACTS: Louis V. MacIntire worked for the DuPont Company in Orange, TX, for 16 years. Hewas well paid for his work and received several promotions
FACTS:Louis V. MacIntire worked for the DuPont Company in Orange, TX, for 16 years. Hewas well paid for his work and received several promotions over the course of his career atDuPont. He also had literary ambitions:he eventually wrote a novel entitledScientists andEngineers: The Professionals Who Are Not. The novel was about a fictional chemical companycalled Logan Chemical. Logan Chemical at least superficially resembled McIntire's real-life employer.Some of MacIntire's supervisors were unhappy with his thinly veiled criticisms of managementpractices in the novel. So they fired MacIntire. He sued DuPont, arguing that his constitutional right offree speech had been violated. Thecourt threw out his case.
MacIntire'scase happened over 25 years ago, but the law on employers' legal rights tofire employees for their free expression, even outside of work, has not changed much in thattime. The law has traditionally given the employer a free hand in hiring and firing employeesunder the common-law "employment at will" doctrine. While there may be sound policy arguments in favor of employment at will, the law does not answer the question of whether it isethicalto fire an employee forexpressing his or her opinion outside of the workplace. These days employees are discoveringthe hard way (often by getting fired) that their employers care about what they say on social media sites such asFacebook and Twitter.
What are the ethical limits for employers in these situations?How would you evaluatewhether an employer is justifiedin terminating an employee for statements made on social mediaor in some other semi-public forum outside of work?Please explain your reasons forwhere youwould draw the line between ethical and unethical actions by the employer.
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