Freedom of Speech vs. Corporate Interests: Can You Fire an Employee for Criticizing the Employer?

04.02.2026

Matylda is the head of a marketing agency. Together with the board, she is responsible for the strategy, development, and day-to-day operations of the company. A key player in her team is Agnieszka—a sales manager with years of experience and a natural talent for closing deals.

Agnieszka is also an excellent leader. She is competent, creative, and effective. Under her leadership, the team has not only integrated well but also significantly improved its results. Furthermore, the employees like her and cooperate with her eagerly.

The team values her for her professionalism, but also for her honesty and directness. And it must be admitted—Agnieszka is indeed remarkably direct. Matylda has experienced this firsthand many times. Agnieszka does not mince words; when she dislikes something, she says so straight out. The problem is that this “something” is most often Matylda’s decisions and changes implemented by the board.

Agnieszka’s open criticism often takes a public form. When Matylda announces changes, Agnieszka frequently criticizes them in front of the employees. She always asks “what for?” and “why like this?” suggesting that “surely it could have been done better.” In conversations with other employees, she comments on Matylda’s decisions and reviews company procedures. She criticizes strategic issues—related to work organization—as well as trivial matters, such as the office’s holiday decorations. If she disagrees with something, she always makes an effort to ensure it does not escape Matylda’s notice.

Matylda turned a blind eye to Agnieszka’s “rebelliousness” for a long time. She defended her before the board, emphasizing that every employee has the right to their own opinion. Moreover, Agnieszka’s performance results still outweighed the difficulties, making it easier for Matylda to handle the criticism.

But one day, the cup overflowed. A “kind stranger” sent Matylda a link to an internet post Agnieszka made on an online forum.

Agnieszka—using her full name—gave the company… one star. She accompanied her rating with a comment stating that the career path in this company is a fiction and that she hasn’t received a raise in two years. She warned potential candidates against applying to the company, concluding that “she regrets staying there so long herself.”

In reaction to Agnieszka’s comment, Matylda wasted no time. She immediately asked HR to prepare a disciplinary dismissal for Agnieszka.

But is this definitely the right step?

Can an employee criticize their employer?

Yes, they can. The constitutionally guaranteed freedom of speech and the right to express opinions also apply within the workplace.

Constructive, substantive criticism is acceptable.

Therefore, every employee has the right to have their own opinion on how the company functions. An employee can openly express their opinions (including critical ones!) about work organization, raise objections regarding superiors’ decisions, and comment on schedules, procedures, changes, or management styles, as well as disclose observed irregularities.

However, this right also has its limits.

Where does criticism end and a breach of employee duties begin?

The boundaries of permissible criticism are determined—indirectly—by labor law provisions, particularly those defining an employee’s duties toward the employer.

The limits of criticism are: confidentiality, procedures, and the dignity of others.

This involves caring for the company’s interests, loyalty to the employer, maintaining confidentiality, and observing the principles of social coexistence applicable in the workplace. The natural boundary is also always the dignity of another human being—including superiors and coworkers. Criticism does not equal insult!

An employee may criticize the employer when:

• Critical opinions concern facts. Agnieszka has the right to report that, in her assessment, a new leave procedure hinders the team’s work. However, if she spreads rumors that Matylda grants leave based solely on personal liking (and it is not true), she undoubtedly exceeds the limits of permissible criticism.
• The criticism is formulated in a polite and balanced manner. The way criticism is expressed matters greatly. Agnieszka can point out that she disagrees with a new work schedule. But the situation is entirely different if she says “a monkey could manage this company better” or expresses her agitation using profanity.
• They act in the company’s interest. Intent matters. If Agnieszka submits her remarks in good faith to improve operations or reduce organizational problems, her action is permissible. But if her comments serve to sow discord, spread rumors, or result in the disorganization of work, such criticism becomes impermissible.
• The criticism is proportionate. For example, Agnieszka can point out that a new expense approval procedure leads to project management problems. But raising an alarm over the lack of a Christmas tree on December 6th would be an abuse of the right to criticize.

Judicial practice provides clear guidance here:

“An employee may express themselves openly, critically, and in an appropriate form in matters concerning the organization of work.” [Supreme Court Judgment of 07.09.2000, I PKN 11/00].

“An employee has the right to criticism supported by factual arguments, whereas ostentatiously questioning decisions using offensive words instead of substantive arguments falls outside the boundaries of such criticism.” [Supreme Court Judgment of 23.09.2004, I PK 487/03].

What about criticism on the Internet?

There is no doubt that “internal” criticism—where an employee reports remarks directly to a superior, HR, or the board—is a natural and safe way to express opinions. But what when criticism takes a public, “external” form?

The same rules apply online. If a post concerns true events, is balanced and polite, and its goal is to improve the company’s functioning, the place of publication itself does not make the criticism impermissible.

However, one must remember that public criticism carries additional risks. It can lead to the disclosure of confidential information or trade secrets.

The company should react when someone discloses confidential information or publicly insults the corporation.

When an employee provides false information online, discloses sensitive data, or insults coworkers, they act to the detriment of the company and its reputation. The employer has every right to react.

Can you fire an employee for criticizing the employer?

Criticism of the employer is permissible in itself, but when it exceeds the boundaries, it can become grounds for termination of the employment contract. This is especially true when it carries real, negative consequences: it disorganizes the team’s work, leads to rumors, harms the atmosphere, or attacks other people.

In such situations, the employer may conclude that the employee is not fulfilling their duties, is acting against the company’s welfare, or is violating the principles of social coexistence.

In extreme cases, disciplinary dismissal (termination without notice) may even be considered. However, this only applies to flagrant situations—e.g., when an employee insults superiors or, in the name of “freedom of speech,” publicly discloses sensitive data, jeopardizing the company and its reputation.