I'm In Trouble Again!

[headborg]

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????

[01WS6]

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.

[01WS6]

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

[kc0iv]

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

[bentstrider]

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?

[thebaldeagle655]

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.

[Dejanh]

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....

[nightrider76]

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....

That's too simple and requires common sense!

[headborg]

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

[shyykatt]

What a bummer HB.

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

[headborg]

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]

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]

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]

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]

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]

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?