Can an employer

[Malibustyle23]

First off I know in this economy I know we are all so lucky to have the jobs that we have, etc, etc.

Can employer make their employees sign an agreement stating that they will not talk about the job/place of employment online including social media? I'm not talking about not bad mouthing, talking negatively or using the trademarks or logos. I'm talking about any conversations at all are not to take place online concerning said workplace.

There was a notice placed recently that an agreement was forthcoming for everyone to sign some complained that its a violation of our freedom of speech. I'm not sure? Anyone else ever been through tgis or know if it's legitimate and legal?

Not really looking to start a Disboards turmoil thread or get flamed just really wondering if it's actually legal and others take on this. TIA!

 

[3boymthr]

I think they can. Earlier this year (or was it the end of last year) a woman was fired for complaining about a customer on Facebook. She never mentioned her place of employment nor the woman's name. The court upheld the company's right to fire her because they had a no talking about the workplace on social media policy in place. Of course this could vary from state to state. ETA - They upheld that it's not a violation of freedom of speech if you agree to the terms. You don't have to agree to the terms, but then you could be fired for not agreeing. OOOPS! I was wrong she did mention the restaurant by name.

 

[TandT]

YES they can.... Is it a violation of freedom of speech? possibly...

BUT DONT push the envelope if you want to keep your job.

 

[Scrappy_Tink]

First off I know in this economy I know we are all so lucky to have the jobs that we have, etc, etc.

Can employer make their employees sign an agreement stating that they will not talk about the job/place of employment online including social media? I'm not talking about not bad mouthing, talking negatively or using the trademarks or logos. I'm talking about any conversations at all are not to take place online concerning said workplace.

There was a notice placed recently that an agreement was forthcoming for everyone to sign some complained that its a violation of our freedom of speech. I'm not sure? Anyone else ever been through tgis or know if it's legitimate and legal?

Not really looking to start a Disboards turmoil thread or get flamed just really wondering if it's actually legal and others take on this. TIA!

I think it would depend on where you work and what type of position you hold. I work in law enforcement, and could get fired for Talking or posting anything that I experience. I know quite of few agencies are warning employees of using Facebook to vent or talk about their work. Someone said that a cop had posted something about a piece of garbage he put in jail, and somehow the guy being prosecuted's attorney got hold of it and things didn't go well in court. There are also a lot of jobs that are competitive and require strict confidentiality or they can lose millions of dollars. FB and most sites online are "open sources" that can be viewed by anyone.

I use FB and post here, but mostly everything I post, if I post anything about my job, is very generic. Maybe I will just say I had a bad/good/busy day and just leave it at that.

Yeah, there is Freedom of Speech, but you also need to use common sense. If one posts a bunch of derogatory things about their place of employment or co-workers, it's just not a smart thing to do......it all eventually comes out!

 

[teacherforhi]

The Constitution does not guarantee "freedom of speech". It guarantees that the government cannot restrict speech, not that you can say anything you want about anything or anyone and there will be no consequences. So while you cannot be sent for jail for expressing your opinions on the government, your employer does not have to let you rant about it any time you like.

As far as not mentioning your place of business at all, I just find that odd. Are these people not allowed to ever mention where they work online? I can understand not wanting someone to bad mouth the company on Facebook or the like, but this particular employer seems to be taking it a bit far.

 

[DebIreland]

I don't know if it's legal in the U.S. but a lot of companies here and in the UK are doing that. Actually Apple have been doing it for years here and presumably in their homebase of the U.S. too.

A few years ago a bunch of staff from Virgin Atlantic were fired for gossiping about customers on Facebook.

 

[Malibustyle23]

Thank you for enlightening me on the restrictions on the amendment I wasn't aware of that.

I can understand to a point with certain jobs ie doctors, teachers, lawyers, police, counselors, etc. But this is a low paying cashier position at a grocery store. Well technically it applies to everyone in the store. I rarely ever say anything about the place on fb or elsewhere for that matter. I was actually working there for over 3 months before anyone besides DH and our kids knew I even had the job.

I just find it I don't know........? I don't want you to control my ENTIRE life annoying!

 

[cornflake]

Sure they can, and no, it's not in any way a violation of the First Amendment as, as above, that guarantees your freedom from the government censoring your speech.

In addition, they can't "make" anyone sign it. You're entering a contractual agreement if you do sign it, like any contract. It may be a condition of employment, which could make someone feel they have to sign it but same as a non-disclosure agreement, it's a choice to sign the contract.

I don't think they're that uncommon, lately. There have been a lot of issues with people blogging, talking about something on FB and getting in trouble with their employers.

 

[avgeek81]

I work in retail and we arent supposed to say anything about our job on FB or anywhere else online. I dont even have employement info on my page. Of course im actually friends IRL with most of my fb friends so they all know where i work but i left it off just to be safe. I even delete anything others put on my page that others may put thar refers to my job. At my old job there was drama because some people had pics of stuff at work(nothing really reflecting bad on the company) and someone apparently went to managment and there was a memo reminding people not to talk about the company online.

 

[LaraK]

Many more employers are doing this because employees have no damned sense. Anything you type on the internet is public and lives forever.

If you are a cashier and you told each person who approached your check out line that that your store stinks and the management stinks and the customers are stupid, you'd be fired. Typing it on the internet is doing the same thing, but somehow people think it's safe.

The agreements are conditions of employment and make it crystal clear related to the expectations. Then, when you're terminated for trashing the company, people aren't surprised.

 

[Nancyg56]

I had to sign one when I was employed years ago.

 

[golfgal]

YES they can.... Is it a violation of freedom of speech? possibly...

BUT DONT push the envelope if you want to keep your job.

No it is not


Yes, they can make you sign something like this. The company OWNS everything about that company and what may seem like an innocent conversation on Facebook might be giving away proprietary information.

 

[Shelly888]

My company has one, their policy is that we aren't to post anything work related. We are in healthcare, so I understand some of the restrictions, but some days, I just want to vent that work sucked and I had a crappy day. To me, that is different than saying I work at XYZ retirement center...do not ever send your loved ones there as they won't take care of them properly, etc. especially as seeing my employer is not listed on FB. Anyone that is on FB would be getting an earful at a family picnic or a night out with a friend or on the phone anyway.

 

[snarlingcoyote]

They can and it's perfectly legal.

Perfectly unwise to do so, IMHO, but perfectly legal.

 

[dngnb8]

First off I know in this economy I know we are all so lucky to have the jobs that we have, etc, etc.

Can employer make their employees sign an agreement stating that they will not talk about the job/place of employment online including social media? I'm not talking about not bad mouthing, talking negatively or using the trademarks or logos. I'm talking about any conversations at all are not to take place online concerning said workplace.

There was a notice placed recently that an agreement was forthcoming for everyone to sign some complained that its a violation of our freedom of speech. I'm not sure? Anyone else ever been through tgis or know if it's legitimate and legal?

Not really looking to start a Disboards turmoil thread or get flamed just really wondering if it's actually legal and others take on this. TIA!

yes

 

[onelilspark]

I'm not supposed to talk about my clients on FB or Twitter, which I understand because we have a confidentiality clause in all of our contracts (I'm in sales.) For example, I can't say, "Today I'm visiting with XYZ client." or "I just got off the phone with XYZ client, man that was a rough call!" But I can say things like "I'm heading up to Halifax today for work, I'm excited since I've never been before!"

Our company wants us to follow them on Twitter though. I don't. My Twitter account is not professional. I talk about Disney, Eagles football, and what I do outside of work. I don't really need or want my company following me on Twitter, or my clients aware of my hobbies, etc.

 

[tvguy]

They are free to prohibit it, and you are free to find another job if you don't like it.

I'm in the oppose situation...I am required to comment on Facebook, Twitter and write a blog for our website. Anything to generate hits on our website.

 

[*pixie*dust*]

Yes they can. Actually many HR departments are starting to do this regardles of the industry you work in.

 

[AKL_Megs]

I work in law enforcement, and could get fired for Talking or posting anything that I experience.

My DH is also a LEO, and he isn't allowed to have a FB page.

A few years ago a bunch of staff from Virgin Atlantic were fired for gossiping about customers on Facebook.

When I flew for Delta, we were "advised against having a FB page".

 

[ColoradoDisneyFreaks]

Most people think of FB when they think Social Media, but it's much more than that, it's FB, Twitter, DISboards, anywhere that you post information about anything.

Companies are now realizing that managing their brand is a whole lot more complicated than just a copyright and a logo, and are focusing on reputation. That's where policies like this come in. Posts that are put on DISboards, or other discussion sites, Twitter, FB, etc. can show up in a Google search, and reflect on investors or potential customers, that's why the company is making the policy. Yes, as the PPs have said it's completely legal, and has survived numerous challenges and law suits to prove it. It falls under the idea that if you wouldn't say it to your boss' or CEO's face, don't post it anywhere either!