[headborg]

Originally Posted by shyykatt

What a bummer HB.

But,umm,..wouldnt this mean that we're ALL in trouble???

no, as long as you are saying Positive Wonderful things about your employer- you can violate the Non-Disclosure agreement without worry. It's only, negative/critical speech which isn't allowed.

It's interesting, really, take a recruiter. A recruiter signs the same "non-disclosure" form a driver signs- yet, if talking to a potential recruit- can answer or drop a few names of certain customers and say things like we have 90% no-touch freight, driver friendly freight. Yes, we deliver to Wal-Mart ( hell every carrier in business does )

Yet, a driver writing a blog to tell the whole truth ( and potentially encourage recruitment)- isn't allowed to disclose a single name of a customer. Likewise, if his miles are less that 3200 miles per week( which is what they advertise) he's not suppose to disclose that either, but it's ok to embellish your miles or report the good weeks. It's also not allowed to disclose that you deliver to "shall we say" disliked receivers like- Food Lion.

Fair and Balanced isn't allowed.

[headborg]

Originally Posted by kc0iv

Take a look at Freedom Of Speech In The Workplace: The First Amendment Revisited

In most cases the 1st Amendment rights does not apply to private companies.

kc0iv

this is true..but in most of those cases- workplace is defined as the place of business. The employees are suppose to have freedom of speech after they clock out and go home..

as long as they don't use company computer on company time to talk smack about the employer IN the workplace.
or go home with "trade secrets", customer lists- rates, the "secret formula",
or "hey, everybody..buy Company X stock.. I just heard around the water cooler the boss is about to attempt a hostile take-over of Company X-- their stock is about to go up. We can cash in on the ride up... forcing our boss to pay more and more for that company.

There's usually a legal test to determine what is "protected" non-disclosure and what isn't.... usually the test question is something like: does/did the disclosure cause $$$ harm to the principle party or could it cause financial loss. And there's the test of was the information available or easily obtainable.

Example: you post the name & address & phone number of a company business contact.

Hell, if anyone wants to know the address & phone number of a business- it can be goggled

So now, if another driver were to ask at a truck stop or on the CB for directions- you need to tell them.." sorry, I know how to get there..but it would be a violation of my Non-disclosure agreement if I tell you...Sorry."

Then there's the whole "whistle blowing" laws... rights given to workers to disclose certain information about the company when they are violating the laws or intend to violate the law. This trumps any "non-disclosure" agreements.

And how about the free press laws? no where in the constitution does it say you have to be employed as a Reporter to actually write and publish /disseminate information.
But, yes.. there's limits on that.. you can't slander, defame, or make egregious statements about other parties.


The fortunate thing is.. terminating an employee for THIS or sueing for breech of non-disclosure means the possibility of a counter "wrongful termination" law suit in which all the information you are fighting about becomes very public in a court room.. and there can be 10 times more Press. Much more attention is drawn.

No, This isn't my 1st worry.. the thing is.. once they want you gone.. they can & will find SOMETHING else to terminate you for. Or Starve you out.. or force you to abandon a vehicle, what ever to discredit you.

[Dejanh]

Originally Posted by headborg

Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.-- Benjamin Franklin

Tell that to a company when they fire your behind and tell me what they said. They probably have ten applicants right now looking to replace you anyway, you need to wake up.

Maybe you should teaparty all the way to DC and give your job to someone else who appreciates it more than you, and leave Benny out of it, hes time is gone and so is the country he helped to create. You have no liberty, only bills and responsibilities.

[headborg]

Originally Posted by Dejanh

Tell that to a company when they fire your behind and tell me what they said. They probably have ten applicants right now looking to replace you anyway, you need to wake up.

Maybe you should teaparty all the way to DC and give your job to someone else who appreciates it more than you, and leave Benny out of it, hes time is gone and so is the country he helped to create. You have no liberty, only bills and responsibilities.

Well, we do agree on the state of Liberty in this country at least. IMHO, we started losing true liberty (Like Patrick Henry stated we would) with the ratification of the Constitution of the United States ( which strengthened the Federal Government), then finally lost the rest when Abraham Lincoln suspended habitués Corpus at the on-set of the Civil War and then the reconstruction era.

At least for the next 100 years after the civil war, our grandparents & parents had the grand Illusion of Liberty... but what really pisses me off now is-- the Vail has been lifted and now anyone how still thinks this is the land of the free is probably about to be arrested, labeled a Terrorist and never seen again.

We're all just working slaves.. or as I prefer-- Droins

Working either for Corporate America or Big Government.

Perhaps, God has already taken his chosen ones-- and we that are left behind have unwittingly already taken the mark of the beast.. and are doomed.

[GMAN]

It seems to me as though you are wasting a lot of time consulting lawyers. You signed a preemployment agreement with your employer. Why not just abide by the agreement you signed? I never have understood why some people will trash the company where they work. If you are not happy with them just find another company. How would you like it if your company had a blog or website where they trashed present or former employee's, whether true or not?

[Fredog]

He never trashed the company, all he did was post where he was going and how many miles he was getting, how do you know what he signed? he says he doesnt recall signing that agreement
A lot of people on here have told us where they are going, how many miles they get and some have even said how much they make.. so should they all be fired? should we not exchange information, just find out the hard way if a company is not good to work for? should the board "what about this company" be deleted?

[Fredog]

How would you like it if your company had a blog or website where they trashed present or former employee's, whether true or not?

They do, it's called DAC

[headborg]

Originally Posted by Fredog

He never trashed the company, all he did was post where he was going and how many miles he was getting, how do you know what he signed? he says he doesnt recall signing that agreement
A lot of people on here have told us where they are going, how many miles they get and some have even said how much they make.. so should they all be fired? should we not exchange information, just find out the hard way if a company is not good to work for? should the board "what about this company" be deleted?

yeah, and I just went through my brief case and can't find a "non-disclosure form"-- I have several copies of other crap I signed that 1st day of orientation- because it was annoying them-- everytime I signed something I asked for a copy to be made of it-- was really bugging them that I wanted a copy of everything I signed.
And during the meeting, I asked to review that original form .. and they couldn't or wouldn't produce it. ( I don't know...maybe they figured I'd grab it and swallow it or something!)

But, I'm sure if I had of signed something to that effect... it wasn't a very detailed contract-- probably just a generic "copy & paste" one page thing.
From what I've been researching, all the legal advisors concur that a "air tight" non-disclosure agreement has to spell out in very specific terms the kinds of information to be held in confidence and also how long a party is bound to the agreement- like 10years after date of termination or until termination of employment, etc.

I've very sure whatever I signed (if I signed anything) isn't anywhere as serious as like say-- an Account Manager-- with access to rates & business contacts. Those guys I'm sure had to sign "non-compete" & "non-disclosure" agreements of a serious nature-- less they quit and steal the accounts. That's just basic business.

While in college, I worked for a company that transfered all sorts of financial records for clients to micro-fiche-- I had the keys to 5 different banks & Tyson & Wal-Mart Corporate. I was bonded and had to sign a "serious" non-disclosure agreement. Even that agreement-- didn't restrict me from making the above statement ( of course at the time-- it would have been a stupid security risk to let strangers know I had the keys & security code to those banks.)

[geargrinder]

Originally Posted by GMAN

It seems to me as though you are wasting a lot of time consulting lawyers. You signed a preemployment agreement with your employer. Why not just abide by the agreement you signed? I never have understood why some people will trash the company where they work. If you are not happy with them just find another company. How would you like it if your company had a blog or website where they trashed present or former employee's, whether true or not?

Companies do it through USIS and your chances for rebuttal are an illusion.

[flatbedder]

The sad part is that the companies have people watching these board for badmouthing and blogging. You think they have a guilty conscience and expect people to badmouth em?