The problem comes before that. Mostly there isn’t an alternative to that. Either sign off your rights with an employment contract if you wanna be paid for your skills, or die in a ditch (pardon the hyperbole).
Tertium non datur, there is not an alternative.
And no, I’m sorry, but “you have the freedom to start your own company”, “you have the freedom to not be employed by that company” are all false statements.
There's an in-between, here. The author was at a conference representing said company. Maybe they were told to go, but this isn't VMware policing their speech in general - this is someone attending an event on VMware's behalf and picking a fight directly with the speaker.
I'd feel very differently if VMware fired someone for voicing a political opinion outside the context of work with no reasonable association with VMware other than being employed there.
If part of your job includes repping the company, and the company paying for you to be somewhere, then while you're wearing that hat you need to be conscious of what you say and how it reflects on the company.
I agree with you that there's a power imbalance and "you're free to start your own company" would be unsatisfying if the company is trying to stifle your speech at all times.
> I'd feel very differently if VMware fired someone for voicing a political opinion outside the context of work with no reasonable association with VMware other than being employed there.
Depending on the "political opinion" I would absolutely expect to be fired for expressing it even "outside the context of work with no reasonable association with [company]." If I went out and stood on a highway overpass waving a nazi flag or participated in a KKK march, I would 1000% expect to be fired without even a conversation from my manager. Or, really, if I did anything in public that would get me to the top of Reddit's r/PublicFreakout and got identified, I would not be surprised if my job was in jeopardy over it.
I really didn’t want to drill down into that. I don’t consider being a Nazi a “political opinion.” That’s outright denying other people right to exist, and shouldn’t be dignified as a legitimate political stance.