When Politics and Free Speech Don't Mix

This election season, some some entrepreneurs took liberties with workplace political speech. That could land them in legal hot water.

Scott Sommerdorf/AP

Murray is testing the legal boundaries between politics and work, and he's not the only one. Robert E. Murray, of Murray Energy Corp., speaking during a news conference Tuesday, Aug. 7, 2007.

The morning after President Obama was reelected, Robert Murray, CEO of the largest privately-held coal company in the U.S., gathered 50 of his staff together for a meeting that began with a prayer.

As Murray committed his company to the care of his Lord, he also aired his differences with President Obama, saying that the President's policies amounted to a "war on coal" that necessitated the layoffs of 150 mine workers, to be announced the following day.

"The takers outvoted the producers. In response to this, I have turned to my Bible," Murray's prayer reads. "Lord, please forgive me and anyone with me in Murray Energy Corporation for the decisions that we are now forced to make to preserve the very existence of any of the enterprises that you have helped us build."

It wasn't the first time Murray had mixed politics and work. This summer, Murray allegedly forced some employees to pose for video cameras, without pay, behind Mitt Romney during a televised stump speech. He also reportedly sent emails to workers threatening them with layoffs if they failed to donate to his Republican political action committee, according to an October story in The New Republic.

Murray is pushing the legal boundaries between politics and work, and he's not the only one. More than a half-dozen privately-held companies threatened layoffs or cutbacks if President Obama won reelection this year. They include ASG Software Solutions, Cintas, Dana Holding, Koch Industries, Lacks Enterprises, Rite Hite, andWestgate Industries.

At best, linking politics with a decision to lay off employees will land an entrepreneur in a legal grey zone. Murray himself is likely to wind up in court, legal experts say, for violating state laws regarding electioneering in the work place. There's already a complaint in front of the Federal Election Commission. And experts point out that in addition to the questionable legality of Murray's moves, anything smacking of coercion in the office also engenders terrible ill will among your employees.

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When Politics and Free Speech Don't Mix