Can an Employer Fire an Employee for Offensive Social Media Posts? Featured Blog by Howard Kurman, Founder of Offit Kurman
Can an Employer Fire an Employee for Offensive Social Media Posts? In an article in the September 16, 2025 edition of the Washington Post the lead paragraph read as follows: “The wave of companies and other institutions firing or suspending employees over what they’ve said in reaction to last week’s killing of conservative influencer Charlie Kirk has expanded in recent days, as some of his supporters in and outside the government amp up a push against speech they say crosses lines.” Thus, the question which arises in the minds of both employees and employers related to the voluminous publicity surrounding the recent Kirk assassination is whether an employee’s social media post which is deemed to be offensive can justify the potential termination of such employee. The short answer to this inquiry is that in the private sector, as opposed to the arena of public employment where first amendment protections may be applicable, employers have wide discretion to discipline and even fire employees for posts which are deemed to be unduly offensive, inflammatory, or violative of their cultural or internal policies. The caveat for private sector employers is that employees enjoy statutory protections under the National Labor Relations Act for speech of a political or social nature when such speech or posted comment is related to such employee’s workplace’s wages, hours or terms and conditions of employment. Furthermore, employees also enjoy protections under Title VII of the federal Civil Rights Act if, for instance, their social media posts protest discrimination in the workplace, when that alleged discrimination refers to any protected status, such as religion, national origin, race, disability, etc. Private employers would be well-advised in this incendiary political climate to analyze each situation based on the facts and circumstances of the post in question, and to evaluate whether such post is violative of its internal policies, is deemed to be overly inflammatory and/or offensive to a person(s), is disparaging or defamatory to the employer or its employees or customers, is damaging to the company’s reputation or cultivated image, or is deemed to be simply inconsistent with civilized and acceptable societal discourse. In any situation where termination may be predicated upon a social media post and where uncertainty may exist regarding potential legal exposure and/or a looming public relations crisis, it is always advisable for the employer to consult with competent employment counsel and/or a public relations crisis expert, like Fallston Group. Leadership extends beyond the workplace. For a broader look at how leaders can navigate the challenges of today’s digital world, read our companion blog: The Perils of Digital Exposure. Howard Kurman is a founder of Offit Kurman, a top 200 national law firm. He is a principal in the firm’s labor/employment practice and regularly counsels employers on all facets of employment and labor relations law and practice. To contact Howard he may be emailed at hkurman@offitkurman.com, or by phone at his office: 410-209-6417.
Crisis Leadership: The Hidden Catalyst for Growth
It may seem counterintuitive, but crisis is not the enemy of progress—it’s often the spark that ignites it. In a world defined by relentless competition, digital disruption, and evolving expectations, crisis leadership isn’t just inevitable—it’s the difference between good companies and great ones. The real question leaders must ask isn’t if crisis will strike, but when. And more importantly: will you be ready to meet the moment? Strong organizations don’t just weather crises—they prepare for them. They recognize that disruption reveals character, clarity, and competitive edge. According to PwC’s 2023 Global Crisis Survey, 96% of organizations experienced at least one crisis in the past two years. Nearly 70% of those who were well-prepared came out stronger. Crisis separates the fragile from the future ready. In today’s fast-moving world, organizations either adapt—or disappear. But readiness doesn’t happen by accident. Leaders must treat crisis readiness as a core strategic investment, not a reactive task. That begins with a comprehensive reputational risk assessment to surface the threats that could compromise your brand, operations, and future. From there, organizations must build custom crisis plans—living, breathing playbooks that reflect your values, your people, and your culture. Most importantly: you must train. How you practice is how you’ll perform under pressure. Plans should be pressure-tested through realistic simulations. Like elite athletes and military teams, crisis-ready organizations drill until response becomes second nature. When the pressure is on, you don’t rise to the occasion—you fall to the level of your training. At Fallston Group, we help organizations build organizational muscle memory to turn short-term adversity into long-term advantage. In an era where anyone with a smartphone can damage your brand in seconds, being unprepared is simply unacceptable. Crisis is a growth opportunity. The question isn’t whether crisis will come—it’s whether you’ll be ready to lead when it does. Those who plan, train, and act decisively don’t just survive—they set the new standard for excellence. Reputation leads to trust, and trust leads to valuation. And not all currency is financial. Invest in readiness now to protect your time, money, consumer confidence, and career. Your reputation—and your future—depend on it. To get started, visit https://fallstongroup.com/. Our team, with over 16 years of experience, is here to help you meet the moment.
“Coldplay-Gate”: Fallston Group Joins Tampa Professionals to Discuss Astronomer CEO Controversy
In this episode of The Law of Relevancy, host Cordes Owen of Bake More Pies teams up with Tampa Bay Business & Wealth Publisher Bridgette Bello, employment attorney William Grob of Ogletree Deakins, and Brendan Weinhold, Partner at Fallston Group—a national crisis leadership and communications firm. Together, the panel dives into the now-viral “Coldplay-Gate” controversy surrounding Astronomer CEO Andy Byron and the reputational fallout that followed. We break down what went wrong, how it played out in both the court of law and the court of public opinion, and what companies can learn from it. We also explore: Why every organization needs a crisis communications plan The role of a crisis leadership firm in high-stakes situations How legal strategy and public messaging must work hand-in-hand The importance of training and preparedness before a crisis hits Whether you’re a business leader, communications pro, or just curious about the headlines, this episode offers real insight into how to manage reputation when everything is on the line
Lessons from a Legacy: Honoring My Father’s Impact
I buried my father, Neil Gollogly, last month. He was a former fire chief in our hometown of Millwood, New York. Although I did not follow in his footsteps and join the fire service, the lifetime of lessons I learned from him has helped shape me into a curious, confident woman, the perfect combination for a journalist. These same attributes have also helped me launch my second career as a communications strategist. Lesson #1: Calm Amid Chaos We had a fire scanner in our dining room, and every time it blared, signaling K-R-S-2-2-9-Millwood, we knew my father would be heading out the door. Neil Gollogly was a calm man, an essential quality in every aspect of life, from personal relationships to professional interactions. We teach top executives to pause and take a moment to de-escalate situations. Remaining calm is a skill that requires practice. Lesson #2: A Community Leader My father was not just a beloved fire chief but also a mentor to countless people in our town. His legacy extends beyond the Millwood Fire Company; Neil Gollogly also impacted other first responders and emergency service organizations in the region. An effective leader leads by example. When Millwood needed a new firehouse, my dad gathered a few key people around a table and launched a grassroots campaign. He exemplified the mantra, “Be the change you want to see in the world.” Lesson #3: Effective Communication In his 92 years of life, my father taught me that effective communication is the cornerstone of any successful endeavor, especially in the high-pressure world of first responders, where decisions need to be made quickly. As a parent, he was also a Master of Communication strategies. He was always compassionate when I made a mistake and knew how to wield the power of a strong, silent pause when I was in trouble. Sometimes, the most effective communication is that silent, powerful moment where truth lingers in the air. As we honor my father’s legacy, let’s prioritize communication as a vital skill that shapes not just first responders, but anyone striving to make a difference. By engaging with and nurturing our communities, we ensure that the spirit of optimism and togetherness endures for generations to come.
Crisis Leadership: The Hidden Catalyst for Growth
It may seem counterintuitive, but crisis is not the enemy of progress—it’s often the spark that fuels it. In a world driven by relentless competition, digital disruption, and changing consumer expectations, crisis is not only inevitable—it’s essential. The real question leaders must ask is not if crisis will strike, but when. And more importantly: are you ready to meet the moment? Well-built organizations don’t just endure crisis—they invite it. They understand that when disruption hits, it reveals character, clarity, and competitive advantage. According to PwC’s 2023 Global Crisis Survey, 96% of organizations experienced at least one crisis in the past two years. Yet nearly 70% of those who were well-prepared emerged stronger. Crisis whittles down the marketplace—removing the fragile and reaffirming the future-ready. Darwinism is alive and well in today’s digitized world. Organizations either adapt—or disappear. But readiness doesn’t happen by accident. Leaders must treat crisis readiness as a core strategic investment—not an afterthought. This begins with a comprehensive reputational risk assessment to identify the threats that could compromise your brand, operations, and long-term viability. From there, organizations must build customized crisis plans—not templated checklists, but living, breathing playbooks that reflect your values, people, and culture. And most critically: you must train – how you practice is how you will play under duress. You must pressure test these plans under simulated, real-world conditions. Just like elite athletes or military teams, crisis-ready organizations drill until muscle memory kicks in. Because when the pressure is on, you don’t rise to the occasion—you fall to the level of your training. Fallston Group helps you achieve the organizational memory needed to turn short-term adversity into long-term advantage. Not being prepared in this day and age is utterly unacceptable as anyone with an internet connection and recording device can wreak havoc on your brand. Crisis is not a pitfall. It’s a proving ground. A growth strategy in disguise. The question is not whether crisis will find you—it’s whether you’ll be ready to lead when it does. Those who plan, train, and act decisively don’t just survive—they set the new standard for excellence. Remember, reputation leads to trust, and trust leads to valuation. And not all currency is financial. Invest in your readiness now to ultimately preserve your time, money, consumer confidence and career. Your reputation and your future depends on it.
Crisis Leadership in the Spotlight: Rob Weinhold Reflects on the 150th Running of the Preakness Stakes and the Economic Importance of Pimlico’s Revitalization
Fallston Group CEO Rob Weinhold appeared on Fox45 Morning News this week to discuss one of Baltimore’s most iconic—and closely watched—events: the 150th running of Preakness Stakes. With international attention on Baltimore City and the State of Maryland, Rob highlighted the significant economic development impact of high-profile events like the Preakness, stressing how they offer more than just a celebration. These events are powerful opportunities to infuse resources into the local economy, boosting tourism, creating jobs, and elevating Baltimore’s reputation on the national stage. Baltimore is in the news for all of the right reasons this week. “As Baltimore welcomes national eyes, it’s not just about the race—it’s about driving economic impact, managing public perception, and presenting the city as a leader in tourism and development,” Rob explained during the interview. “The Preakness provides an invaluable moment to harness resources and ensure the city’s legacy as a prime destination for investment and growth.” Rob also emphasized that these events test more than just the athletes involved; they challenge brands, public officials, and event organizers to deliver a unified message with clarity, confidence, and credibility. This is where Fallston Group excels. Fallston Group ensures leaders can lead effectively when the stakes are high, from event messaging to managing reputational risk during high-profile events. Whether in sports, business, or politics, we help our clients show up prepared and poised for success—both on and off the track.
Honored and Rooted: Fallston Group Recognized Among Greater Baltimore’s Top Family-Owned Businesses
Fallston Group is grateful to announce that the Baltimore Business Journal has recognized us as one of Greater Baltimore’s top family-owned businesses for 2025! This honor, part of the BBJ’s annual Family-Owned Business Awards, celebrates companies that have demonstrated excellence, innovation, ethics, and philanthropy—qualities we strive to embody every day. We are especially grateful to stand alongside other businesses that, like us, have put down deep roots in Maryland and built trust across generations. Fallston Group was founded with a simple but powerful mission: help people during life’s most critical times – it’s baked into our DNA. As a family-owned business, we approach our work with a personal sense of responsibility—not just to our clients, but to the community we call home. Our team’s commitment to reputation management and crisis leadership isn’t just about business but legacy, accountability, and impact. Our work is more relevant than ever in today’s rapidly changing world. Trust is fragile, and brand equity can be won or lost in a single moment. We’re here to safeguard our clients’ reputations and turn short-term adversity into long-term advantage with clarity, conviction, and care. Thank you to the Baltimore Business Journal for this meaningful recognition, and congratulations to our fellow honorees. We look forward to continuing to serve our clients, partners, and the Greater Baltimore community for years to come.
The Real-World Cost of Digital Recklessness: A Call for Accountability
In today’s hyperconnected and always-on digital world, the viral spread of misinformation can rapidly and irrevocably damage lives. At Fallston Group, we’ve spent decades advising organizations and individuals during their most critical moments—and if one truth has become abundantly clear, it’s this: digital recklessness has very real, often life-altering consequences. The recent situation involving Mary Kate Cornett, a college freshman at the University of Mississippi, underscores the urgent need for greater accountability across our digital ecosystem. Based on publicly available reports, Ms. Cornett—by all accounts,a promising first-year business student—found herself at the center of a viral firestorm after an anonymous and unverified post was made on the YikYak platform on February 25th. What began as a baseless rumor quickly spiraled across platforms like X (formerly Twitter), drawing the attention of high-profile commentators and online audiences. Her name and likeness were circulated widely without her consent, often without credible facts. While those spreading the story may have viewed it as a moment of entertainment or gossip, the human cost to Ms. Cornett was significant and deeply personal. This moment is not about adjudicating guilt or intent—it’s about acknowledging a broader systemic and human failure. It’s a cautionary tale for institutions, influencers, and individuals alike. And it’s one of many such stories in a time when reputations can be compromised with a single click. Five Critical Crisis Leadership Observations 1. Real People, Real Pain Behind every viral moment is a real person. In this case, a young woman’s formative college experience has reportedly been upended by an untrue narrative. Reputational harm doesn’t just affect public figures—it affects students, professionals, and everyday citizens whose lives are impacted by reckless digital behavior. 2. Platforms Must Act—Swiftly and Transparently Social media companies must continue to evolve their moderation and response capabilities to address harmful content in real time. Whether it’s anonymous platforms or large-scale social networks, delayed action contributes to widespread harm. 3. Content Amplifiers Must Use Their Platforms Responsibly While sports media and digital commentary platforms play an important role in modern discourse, the line between free speech and reputational harm must be navigated with care. Those with influence must be thoughtful and discerning—particularly when discussing unverified claims involving private individuals. 4. Accountability Must Be a Shared Priority Whether through corporate governance, advertiser pressure, or public expectations, digital amplifiers must be held to higher standards. The systems that allow misinformation to thrive must be reviewed, reformed, and enforced through responsible action. 5. Digital Education Is a Survival Skill Colleges, universities, and families have a growing responsibility to educate young people about the risks of digital exposure. Media literacy, digital resilience, and reputation defense must be integrated into the student experience. These aren’t “nice-to-haves”—they’re essentials in today’s reputational landscape. At Fallston Group, we often remind our clients that reputation leads to trust, and trust leads to valuation—and not all currency is financial. In fact, in many cases, reputational currency is what opens doors, secures relationships, and sustains opportunity. To those affected by the irresponsible spread of misinformation: you are not alone. And to those with a microphone or platform—whether digital or traditional—remember that your influence is a responsibility, not a right. If you are an academic center of excellence—particularly within higher education—and wish to ensure your students and stakeholders are properly educated and protected in today’s fast-paced, high-stakes media environment, contact Fallston Group. Our crisis leadership experts can help you develop proactive training, reputational safeguards, and crisis response protocols tailored to your institution. The stakes are too high to wait. All of us must be ready to meet the moment.
Protecting Trust During Turbulence: Crisis Leadership Lessons from the 23andMe Situation
In today’s data-driven environment, few assets are more valuable—or more vulnerable—than trust. For companies entrusted with sensitive personal information, the stakes are high, especially when operational or financial uncertainty arises. The recent developments involving 23andMe serve as a critical case study in how companies must navigate crisis moments with transparency, ethical leadership, and a steadfast commitment to their stakeholders. 23andMe, known for its consumer DNA testing services, is facing a challenging chapter marked by a Chapter 11 bankruptcy filing and the unexpected resignation of its CEO. These events have understandably sparked public concern, particularly surrounding the future of the genetic data the company has collected over the years. While the company has stated that any prospective buyer must honor its existing privacy policy and comply with relevant laws, this assurance has done little to ease the minds of many customers who are unsure of what the future holds for their personal information. Although Fallston Group makes no assumptions about the internal decisions or motives of 23andMe’s leadership, the situation highlights important crisis leadership principles that all organizations—especially those managing sensitive consumer data—should consider. When customer trust is at risk, how an organization responds can either reinforce its credibility or accelerate reputational decline. The following best practices offer strategic guidance for companies in similarly high-stakes situations. Crisis Leadership Best Practices for Data-Centric Companies 1. Communicate early, clearly, and consistently When news breaks—whether through official channels or speculation—organizations must respond quickly and clearly. Proactive communication from leadership not only helps control the narrative but also reinforces that the company is engaged, responsive, and accountable. Silence or ambiguity, particularly in moments of uncertainty, can be deeply damaging to public trust. 2. Empower customer control If consumers are anxious about the future of their data, it’s critical to offer accessible and immediate options to manage, delete, or opt out. Even during complex proceedings such as bankruptcy or M&A, providing clarity around data usage and ownership demonstrates respect for customer autonomy and helps preserve long-term credibility. 3. Reaffirm original commitments—or transparently explain changes Trust is built on consistency. If a company has made commitments about data privacy in the past, reaffirming those promises publicly can provide reassurance. If changes are necessary due to evolving business circumstances, transparency is key. Clear rationale and respectful communication are essential to mitigating backlash. 4. Establish third-party oversight Independent ethics panels or data governance boards can provide unbiased oversight and bolster stakeholder confidence. Particularly during transitions of ownership or leadership, involving a credible third party adds an extra layer of accountability. 5. Prioritize people over process In crisis moments, process alone is not enough. Companies must lead with empathy and a people-first mindset, recognizing that behind every data point is a person who placed their trust in the organization. 23andMe is not the first company to face this type of reputational pressure, and it will not be the last. In fact, as more businesses collect and store personal data—whether in healthcare, finance, retail, or technology—these moments of reckoning will only increase in frequency and intensity. The lesson for all organizations is clear: ethical leadership, open communication, and values-driven decision-making are not optional—they are foundational. Companies that embrace these principles not only weather the storm, but often emerge stronger and more respected in the eyes of their stakeholders. At Fallston Group, we help leaders navigate critical moments of adversity by focusing on what matters most—reputation, trust, and the long game. Because in the end, those who lead with clarity and conviction are the ones who earn the right to lead again tomorrow. If your organization manages sensitive information and is facing—or preparing for—a high-stakes moment, now is the time to evaluate your crisis readiness. Fallston Group partners with leaders to protect reputation, preserve trust, and guide smart, strategic decisions when it matters most. Let’s talk about how we can support you.
University Presidents Must Lead with Strength During Campus Protests
In today’s charged geopolitical climate, university presidents must be prepared to manage campus protests with clarity, control, and confidence. Failure to do so can cost them their leadership post—and future job opportunities. We’ve seen this play out recently where higher education leaders were forced to step down after losing control of campus unrest. The message is clear: university presidents who fail to lead with strength and strategy risk being replaced. Leadership Begins Before the Crisis The best way to manage a protest is to prepare before it happens. Leaders must set clear expectations around free speech, protest locations, and acceptable conduct. It’s about striking a balance between allowing healthy expression and ensuring campus safety. Equally important is open communication with student leaders and faculty. I often tell my clients, “If you don’t take the time to listen before a crisis, don’t expect anyone to listen to you during one.” Building trust early can prevent protests from escalating into chaos as crises cost time, money, stakeholder trust, careers, and, in the worst of scenarios, freedom and lives. Engage local law enforcement early, they are part of the solution. Firm Boundaries No university can afford to let protests spiral out of control. That means holding people accountable when they cross the line. Harassment, bullying, and physical confrontations cannot be tolerated—period. Universities must also be extremely cautious about allowing outside agitators onto campus – many call these individuals professional protestors who often have ‘get out of jail’ strategies before being arrested. External groups generally hijack student movements, turning peaceful demonstrations into national spectacles that overwhelm leadership and damage institutional reputation while playing out on live television. Intriguing for viewership, terrible for the university. Lessons from Leadership Failures Recent history has shown what happens when presidents lose control: · Columbia University: President Minouche Shafik resigned after allowing protests to escalate, leading to mass arrests and media scrutiny. (Taheri, M. (2024, August 15). Full list of college presidents who have resigned amid campus protests. Newsweek. https://www.newsweek.com/full-list-college-presidents-who-have-resigned-amid-campus-protests-1939822) · Brandeis University: President Ronald Liebowitz stepped down following a no-confidence vote due to his mishandling of student demonstrations. (Saul, S. (2024, September 25). Brandeis president steps down amid budget issues and protests. The New York Times. https://www.nytimes.com/2024/09/25/us/brandeis-university-president-resigns.html) · Rutgers University: President Jonathan Holloway resigned as protests fueled a toxic campus environment he could no longer manage. (Rumpf-Whitten, S., & Fox News. (2024, September 18). Rutgers University president set to resign after contending with pandemic, anti-israel protests. Fox News. https://www.foxnews.com/us/rutgers-university-president-resign-contending-pandemic-anti-israel-protests?) Lead or Lose In crisis, decisive leadership isn’t optional—it’s essential. University presidents must set expectations, enforce boundaries, and maintain control. Otherwise, they will lose not only credibility but also their jobs. Leadership is about making tough calls and standing firm in the face of adversity—because when presidents lose control, everyone loses. Every member of the university community—students, faculty, and staff—deserves an environment that is both emotionally and physically safe. It is the responsibility of leadership to foster a culture where learning can thrive without fear, intimidation, or undue disruption. When working with leaders facing adversity, I often say, “I’ve never known a leader to look in the rear-view mirror and say ‘I’m sorry I made the right decision.’” The right decision starts today, before the campus protest.
