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Old 11-25-2009, 12:32 AM
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Default I'm In Trouble Again!

Well, today I was written up & threatened/Warned I'd be terminated if I continue to write about my present employer on the Internet anymore.

They are claiming it violates company policy and the "non-disclosure" agreement I signed. I'm going to get the opinion of a lawyer on just what I can write within my 1st Amendment rights.

I was under the impression that as long as I didn't disclose "trade secrets", secret recipes/ingredients, rates or contracts I was ok. But.. guess I better worry about: liable, slander, defamation of character????( can you defame a corporation???)

Anyway, so now if anyone visits my site- you'll have to log in/register first from now on...
It's been discovered.

Anyone want to play "lawyer" here and discuss 1st Amendment rights vs What you can not write on the INTERNET????
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Old 11-25-2009, 09:56 AM
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My company has a "blogging policy" too, saying i can be fired even if i write something POSITIVE about my employer on the internet. IMHO its a clear violation of freedom of speech.
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Old 11-25-2009, 09:59 AM
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And its no different saying im not allowed to bitch about only getting 1200 miles one week if someone at a truck stop asked how my company was treating me. Get a lawyer and sue if they fire you for it
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Old 11-25-2009, 10:57 AM
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Quote:
Originally Posted by headborg View Post

Anyone want to play "lawyer" here and discuss 1st Amendment rights vs What you can not write on the INTERNET????
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
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Old 11-25-2009, 11:39 AM
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How do they even find out if it's you?

Do they actually employ a group of people to lurk on certain boards to scope out any mention of a respective company?
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Old 11-25-2009, 03:16 PM
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Unfortunately, all you have to do is watch the news to answer your question. Almost daily the news covers someone that has been fired from their jobs or prosecuted for their posts on the internet. The trouble is that this technology is growing faster than our lawmakers and attorneys can keep up. Courts have upheld these cases in the past and I suspect that in the future it will become all too much easier for our employers to identify their employees and the posts we make.

I can see both sides of the problem though. As an employee, when the company I used to work for failed to pay Blue Cross/Blue Shield although they had deducted the amount from our paychecks for 4 months, and our insurance was terminated without even an apology, when we were afraid to park at a truck stop in fear that the repo man would pick up our truck and trailer, I couldn't post anything about it in fear of getting fired before I could find another job. On the other hand, if an employee is disgruntled, he/she can do irreparable harm to a company with a couple posts that may not be 100% factual.

I can see where a driver posting his daily experiences could very well expose to a competitor the source of loads and possibly harm his company in doing so. A little embellishment of the facts by a driver who would like to have ran an inconsiderate driver off the road and posts that he did so when in fact all he did was curse under his breath brings discredit to not only the poster but the company.

Although I was never told not to post anything related to the company, while employed with my previous employer, twice my dispatcher asked me if posts I had made on this board was from me. Both were positive to the company and that dispatcher, and when I said yes he thanked me but I could rapidly see that by posting in my profile who I worked for and a post of my activity it wasn't hard to figure out which of the 175 drivers had made the post.

This issue is going to be in the courts system for years to come. I feel the winner in the end will be big brother. That means, we better watch our arse and not post anything we will regret later no matter how innocent. If we have a non-disclosure agreement, we better abide by it or we will be looking for another job and possibly facing legal action. If we have something negative to say we better think twice before posting it online because the courts have already shown that your posts can be used against you in the court of law. Freedom of speech? The constitution guarantees it, but the law also protects the ones we speak about. No win situation and we will in the end be the ones who suffer.
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Old 11-25-2009, 07:11 PM
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Its amazing to see individuals risking their job security in a recession over a internet blog..and defending their action by researching laws and consulting lawyers. One more reason why we need great depression state of economy where people actualy appreciated their job and a paycheck.


Here's a thought ..
Maybe instead of consulting with a lawyer, you should consult with a psychiatrist....

Last edited by Dejanh; 11-25-2009 at 07:14 PM.
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Old 11-25-2009, 09:17 PM
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Quote:
Originally Posted by Dejanh View Post
Its amazing to see individuals risking their job security in a recession over a internet blog..and defending their action by researching laws and consulting lawyers. One more reason why we need great depression state of economy where people actualy appreciated their job and a paycheck.


Here's a thought ..
Maybe instead of consulting with a lawyer, you should consult with a psychiatrist....

:thumbsup:


That's too simple and requires common sense!
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Old 11-25-2009, 11:59 PM
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Quote:
Originally Posted by Dejanh View Post
Its amazing to see individuals risking their job security in a recession over a internet blog..and defending their action by researching laws and consulting lawyers. One more reason why we need great depression state of economy where people actualy appreciated their job and a paycheck.


Here's a thought ..
Maybe instead of consulting with a lawyer, you should consult with a psychiatrist....

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


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Last edited by headborg; 11-26-2009 at 12:03 AM.
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Old 11-26-2009, 12:33 AM
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What a bummer HB.

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