Home
Forums
New posts
Search forums
What's new
New posts
Latest activity
Members
Current visitors
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
Brown Cafe UPS Forum
UPS Discussions
Any BC members ever get reprimanded for threads/posts?
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="cheryl" data-source="post: 674813" data-attributes="member: 1"><p>You have no constitutional right to "freedom of speech" on an internet forum. The Constitution simply states that CONGRESS must not abridge the freedom of speech. That right doesn't extend to internet forums or any other private property.</p><p> </p><p>Case law is another thing... I've read all kinds of conflicting information about it. These links go to a couple of interesting articles. Take a minute and read them so you can draw your own conclusions. To me this issue is about as clear as mud. </p><p> </p><p><a href="http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1629" target="_blank">http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1629</a></p><p> </p><p><em>Under the National Labor Relations Act ("NLRA"), an employee may not be disciplined for discussing wages, hours, or other terms and conditions of employment. Thus, an employee may not be fired for urging other employees to complain about a particular employment practice. A blog that encourages other employees to lodge complaints or that contains an employee forum discussing certain employment policies may, therefore, be protected. The NLRA, however, does not give an employee unlimited rights. For example, an employee may not act unreasonably, such as encouraging other employees to disseminate deliberately untrue statements.</em></p><p> </p><p> </p><p><a href="http://www.millerlawgroup.com/publications/articles/Regulating%20Employee%20Internet%20Activity%20Off-Site.pdf" target="_blank">http://www.millerlawgroup.com/publications/articles/Regulating%20Employee%20Internet%20Activity%20Off-Site.pdf</a></p><p> </p><p style="text-align: left"><em>Blogging or other online comments </em><em>about one’s employment may be protected under the National </em><em>Labor Relations Act (NLRA) if the commentary or other online </em><em>activity concerns terms and conditions of employment affecting the </em><em>employee and co-workers.<span style="color: sienna"> Note, too, that such activity is protected </span></em><em><span style="color: sienna">even if the employment is non-union.</span></em></p><p></p><p style="text-align: left"><em>The bottom line is that unless an employee’s online activities are illegal, </em><em>or may be legal but are directly harmful to your business or a clear violation of company policy, taking adverse action against the employee poses a high </em><em>degree of legal risk with minimal benefit to the employer. There’s also the </em><em>consideration that adverse action will subject the employer to unwanted media scrutiny.</em></p><p></p><p style="text-align: left">This info is provided for informational purposes only and should not be construed as legal advice. <img src="/community/styles/default/xenforo/smilies/FeltTip/peaceful.png" class="smilie" loading="lazy" alt=":peaceful:" title="Peaceful :peaceful:" data-shortname=":peaceful:" /></p></blockquote><p></p>
[QUOTE="cheryl, post: 674813, member: 1"] You have no constitutional right to "freedom of speech" on an internet forum. The Constitution simply states that CONGRESS must not abridge the freedom of speech. That right doesn't extend to internet forums or any other private property. Case law is another thing... I've read all kinds of conflicting information about it. These links go to a couple of interesting articles. Take a minute and read them so you can draw your own conclusions. To me this issue is about as clear as mud. [URL]http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1629[/URL] [I]Under the National Labor Relations Act ("NLRA"), an employee may not be disciplined for discussing wages, hours, or other terms and conditions of employment. Thus, an employee may not be fired for urging other employees to complain about a particular employment practice. A blog that encourages other employees to lodge complaints or that contains an employee forum discussing certain employment policies may, therefore, be protected. The NLRA, however, does not give an employee unlimited rights. For example, an employee may not act unreasonably, such as encouraging other employees to disseminate deliberately untrue statements.[/I] [URL="http://www.millerlawgroup.com/publications/articles/Regulating%20Employee%20Internet%20Activity%20Off-Site.pdf"]http://www.millerlawgroup.com/publications/articles/Regulating%20Employee%20Internet%20Activity%20Off-Site.pdf[/URL] [LEFT][I]Blogging or other online comments [/I][I]about one’s employment may be protected under the National [/I][I]Labor Relations Act (NLRA) if the commentary or other online [/I][I]activity concerns terms and conditions of employment affecting the [/I][I]employee and co-workers.[COLOR=sienna] Note, too, that such activity is protected [/COLOR][/I][I][COLOR=sienna]even if the employment is non-union.[/COLOR][/I][/LEFT] [LEFT][I]The bottom line is that unless an employee’s online activities are illegal, [/I][I]or may be legal but are directly harmful to your business or a clear violation of company policy, taking adverse action against the employee poses a high [/I][I]degree of legal risk with minimal benefit to the employer. There’s also the [/I][I]consideration that adverse action will subject the employer to unwanted media scrutiny.[/I][/LEFT] [LEFT]This info is provided for informational purposes only and should not be construed as legal advice. :peaceful:[/LEFT] [/QUOTE]
Insert quotes…
Verification
Post reply
Home
Forums
Brown Cafe UPS Forum
UPS Discussions
Any BC members ever get reprimanded for threads/posts?
Top