Gutless

[Blue Reality]

Speech can be controlled and people can distance themselves from you views at anytime. This includes employers.

As a business owner I can controll what said in my business at any time. Period. If my customers or employees are saying somethin I don't like, tough for them. Now I may be a prick, idoit, moron and doing my business harm by controlling speach, But I can controll it.

I own an arts academy and if parents are sitting in my waiting room dropping F bombs, arguing about polotics, talking about getting drunk and laid in front of 5 year old kids, I can controll that. It's not appropriate content for kids. if you want to talk about any of those things feel free to do it in an appropriate time and place. When it comes to my business, I am the one who decides what is and what is not appropriate. Same goes for our teachers. If they don't like it, they can work somewhere else.

Freedom of speach means that you can start your own business just like mine and talk about what ever you want in your waiting room. You can post whatever you want to on the web in any forum you like and you can deal with the impact of that on your business how ever you chose.

Businesses have conduct clauses included in contracts ALL OF THE TIME. Its not about controlling behavior, but recognizing how behavior of employees impacts the ability of any business to function. If a person wants freedom to do what ever they want, find a job that gives you the freedom to do so. Running a business is hard enough without having to manage collateral damage from outside sources.


This can be very subjective in its interpretation, and I'm not going to comment on how the present situation should be considered. All you have to do is consider Big Ben and the NFL. The NFL reserves the right to make decisions based in his behavior. Any one person may not agree with what the NFL decides, but they can make the decision.

Your employer may have over reacted about the staments on a public forum like Rockpage. You can negitiate that with them. But they can be concerned. Whether or not you agree with that concern is another matter. If you want the freedom to say whatever you want whenever you want, start your own paper and have at it.

[hicksjd9]

My comments involved after hours free speech. I wonder how many of you would feel if your employer said that you were not allowed to go play music in bars and that you couldn't swear even if a song dictated it.

I personally feel that employers have no right to dictate what happens after the employee is not "on the clock." While the employee is "on the clock," or "on the premisis" of the business, this is a different story. I think that we should have the right to say or do what we want as long as it is not illegal. It seems a shame to me that an employer could fire you based on voicing political, religious, social or sexual preferences outside of work, but apparently these are not protected in the private market.

[bassist_25]

You CAN be fired for your political beliefs as long as you DON'T work for the government (go figure).

Actually, the government exception is logical. As I stated in my original post, the constitution limits the power of the government. It doesn't limit the power of private entities. A public employee's employer is the government; therefore, his or her speech is protected by the 1st Amendment.

It seems a shame to me that an employer could fire you based on voicing political, religious, social or sexual preferences outside of work, but apparently these are not protected in the private market

Religion is protected under Title VII of the Civil Rights Act. The exception would be if an employer could establish that being of a particular religion is a bonafide occupational qualification. For example, a private Catholic school may argue that being Catholic is a requirement for being a faculty member; however, Wal-Mart can't require its employees to be Baptists, Muslims, or Scientologists. Employers have to provide reasonable accomodations for reglious beliefs, unless it would create an undue hardship. For example, asking to pray for five minutes every day at noon for an office gig may be seen as a request for a reasonable accomodation; however, a Hindu may have trouble winning a Title VII suit if he or she were to apply to McDonald's and refuse to serve bovine products, because McDonald's primary product is the hamburger (or at least what's generally thought of as supposably being hamburger ).

Sexual preference is not a protected status. Though there have been cases won for discrimination against homosexuality by using language in other laws (I can't think of any of those cases off of the top of my head, though). On a related subject, I heard on the radio today that Don't Ask, Don't Tell has been repealed.

[bassist_25]

As a business owner I can controll what said in my business at any time. Period. If my customers or employees are saying somethin I don't like, tough for them. Now I may be a prick, idoit, moron and doing my business harm by controlling speach, But I can controll it.

Some speech is protected in the workplace and trying to control it may be an unfair labor practice under the purview of the NLRA. Two or more employees who approach a manager to discuss wages, benefits, or other terms and conditions of employment are engaging in protected concerted activity; taking an adverse employment action against these people for what they say may be a violation of their 8(a)(1) rights, even if they have no intention of unionizing. Rules prohibiting discussing certain things amongst employees' may be considered restraining employees Section 7 rights.

[Ron]

supposably

Supposably?

[bassist_25]

supposably

Supposably?

I'm from PA. Cut me some slack.

[Ron]

supposably

Supposably?

I'm from PA. Cut me some slack.

OK... the slack has been cut.

[UNEARTHA7XMatt]

I bet Pelosi could suck the Chrome off a trailer Hitch!!!!!!!

[brian's girl]

in jeff's defense yes some times he puts his foot in his mouth but in reality who hasn't. we all have views and we all have opinions and sometimes emotions over shoot thinking. we are all guilty of this. if you want to nail jeff then you will also have to nail me along with yourselves cause quite frankly we have all done it! by the way if ya wanna call my boss go ahead cause my boss is nighthawk!

[zman1200]

Become a Rap star and sue or forget it before the AXE does fall

[songsmith]

I draw the line at credit checks. I've never had it happen to me, but I've heard that some companies run credit checks on potential employees on the idea that if you're problematic or habitually irresponsible, it'll show up in your credit report. If I'm ever asked to waive my privacy in such a way, I'll sign my waiver after I have a go at the company books, to see if they can really afford to pay me regularly.--->JMS