03 December 2025

Episode 99 – Social Media and Workplace Policy: What to Do About Problem Posts


Can employers take action when employees post something controversial on social media—off the clock, on personal time, and not on company platforms?

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey dig into one of HR’s most frustrating modern issues: how to handle off-duty speech that makes its way into the workplace.

🔍 Using the love (or hate) of pumpkin spice lattes as an example, we explore:

  • When off-duty speech crosses into workplace concerns
  • What legal obligations employers actually have
  • How to balance employee rights with business reputation
  • Why the First Amendment doesn’t apply the way people think
  • Practical steps for navigating tricky PR situations

You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on: