more of why I can't use my name

Jan 08, 2013 49 Replies

I am switching jobs my 2 hour commute each way sucked, and today a packet (email) came in with all these forms to sign both electronically and old style.



Well this is the first time two things have been put like this. One is the I-9 requires me to get my two forms of ID notarized to send the form back to them. Normally I just fax my drivers license and SS card.



The second is where it gets real interesting. I can not quote as I am too afraid that they will pick up on this. (not really but not taking any chances).



First it says that cyberspace is now legally considered an extension of the workplace. as such, I am not allowed to post anything negative about anyone or anything at anytime whether work related or not. I am not allowed to post any negative comments period.



I can fired for _ANY_ negative postings. So at first I thought this is far reaching and intrusive, but in thinking about it, if I identify myself, they think I can be traced back to their company and therefore anything I say can have an effect on them.



So first F them, but secondly, it's why I won't post my full name. I think these companies are getting out of control.



What happened to this country... (I don't need an answer I already know).


So what constitutes a negative posting? A bad tool review? A dishonest tool review?

It's so funny to see employers try to word their bullshit with legalize to try to make sound all official and legal. A lot of it is not. An "extension of the workplace?" What complete bullshit. They can say what they want, it doesn't make it legal and it's doesn't supersede your 1st amendment rights.

That being said, my state, TN, is a right-to-work and fire-at-will state, meaning they have laws allowing employers to fire an employee without cause, for any reason at all. Now, we all know there are federal laws prohibiting employers from firing anyone based on race, gender, religion, etc. So, even if an employer is firing someone because of a reason prohibited by law, as long as they give some other reason, it is legal.

They can say nothing, they can say, we just don't like him, they can say, he smells funny. :-)

-------------------------------------------------- Talk about sheer paranoia.

Assume this is at best, a short term inconvenience.

Lew

So first F them . . .

You've already blown it!

Dave in Texas

-MIKE- wrote in news:kcg3td$gmh$ snipped-for-privacy@speranza.aioe.org:

The First Amendment constrains the government, not the private sector, and it is

*not* a violation of the employee's First Amendment rights for a *private* employer to muzzle (or attempt to) the employee's speech, whether in or out of the workplace.

muzzle (or

I believe the employer has the Right to terminate an employee if the employer believes that the employee has done something to harm the company. I believe it would be up to the court to decide if the specific action harmed the company.

My guess is that if an employee was distributing anything, papers, video, phone calls, or internet post that cast the company in a negative image he should consider himself a candidate for termination.

UNLESS he can frame it to make it appear he is a whistle blower and there are laws to protect him. Though you are back in court.

Keith Nuttle wrote in news:kch52c$qpj$1 @speranza.aioe.org:

@speranza.aioe.org:

is *not* a

to muzzle (or

That may depend on state law and any employment contracts that may exist (e.g. a union agreement).

Of course. And that is as it should be.

Just one of the reasons I have chosen to be self-employed/major shareholder of place of employment since 1973.

Nope, I didn't identify myself, therefore they can't figure out who I am or who said it.

If my name were attached, I would be identifying them in some indirect way. Now you can't say it came from so and so in company ABC.

muzzle (or

I believe you are mistaken. There are private companies in the Detroit who have been taken to court and order to provide breaks and rooms with eastward facing windows to allow their Muslim employees time and place to practice their first amendment rights.

If you post information on line, you may be unknown to the casual user, but if someone is determined to know who you are they will learn who you are.

In a right to work state, "like Texas" the employer can fire you if you enter the building with your right foot entering before your left foot.

Having said that it is likely his unemployment taxes would go up as a result, if the terminated employee files for unemployment, however he can fire any one for any reason.

Absolutely ... in the "Internet Age", once you hit the send button it will be available to those with the resources in perpetuity, or as long as that is.

Yes, but again, my name is not attached, therefore I can't bring harm to the company directly, or indirectly, as it was an anonymous post. Or almost. Any perceived breach is just that percieved and not real.

or if the employer does not believe that the employee has done something to harm the company.

It's not a "right to work" issue, rather an "at will employment" issue, though they tend to go together in enlightened states. "Right to work" means that "closed" union shops aren't allowed; you aren't required to join a union to work in a union shop. "At will employment" means that the employer has the same rights as you do. You can quit for any reason at all, or no reason. You can also be fired for any reason at all (except the federally proscribed reasons) or no reason at all.

Or no reason.

is *not* a

to muzzle (or

I'd like to see a citation for that.

.... once you hit the send button _who you are_ will be available to those with the resources in perpetuity, or as long as that is.

If you are permitted access to the internet from work for personal use, you are fortunate. Many companies do not allow access for regardless of if it may help with work.

Some comapnies setup guest internet connections but usually employees are not allowed to access them as they could violate policy, leak information, or inadvertantly allow outsiders access.

Honestly, the worst thing you can do is access the internet, personal email or other personal information from your work computer. Once you do the company has access to that information and should any authorities request it, they are legally bound to divulge it.

You may not think much of that but as someone who has witnessed employee firings and prosecution for doing just that, it's one thing I will never do. Long gone are the .com days of happy work computing.

Here is one example ... Guy working in a software company would go out to lunch and pick up a DVD rental. Back at the office he would rip it to his work laptop, which he took home every night to work on. When the company found out he was immediately terminated and fortunate not to be prosecuted. He didn't think he was doing anything wrong. Ergo, he wasn't thinking.

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