Sorry, another news from this asshole, but this is too much assholery to don’t be shared
Despite him being a shitty boss that fired employees that criticized him on twitter, he promised an “unlimited” legal defense fund to fight against employers that fired employees because of something they wrote on Twitter.
Under his tweet a lot of “verified” (=right wing) accounts plauded this and asked to fight employers who fired employees for having written something homophobic
We make our employees sign a form when they’re hired stating that they will not mention our company or any of its employees on social media in a negative way. It’s standard practice. Any company big enough to have its own lawyer(s), they will advise them to do that because it can help prevent serious legal Issues.
The NLRB ruled that non-disparagement clauses are not enforceable
https://www.axios.com/2023/03/27/labor-board-says-non-disparagement-clauses-are-unlawful
It’s a clear violation of the first amendment… Also, referring to the company you work for as “we” while talking about firing another employee is cringe as fuck.
It has literally nothing to do with the first amendment.
The first amendment gives you zero protections from anyone but the government. All other entities are entitled to respond to your speech however the fuck they want.
Oh ok… So I guess that means the National Labor Relations Act is unconstitutional (it’s not, it was upheld by SCOTUS in the 30s), because it explicitly prevents employers from firing or otherwise retaliating against employees for discussing salary.
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
Or do you think an employer should be allowed to fire someone for that?
Maybe don’t give this current Supreme Court any ideas given their blatant disregard for stare decisis/precedence, and Chevron deference…
This is a bad faith argument through and through. You should be ashamed of yourself for posting this.
You should work on your reading comprehension. None of this has any relationship to the first amendment.
The First Amendment protects the right to organize in addition to free speech. The NLRB (and the Wagner Act, the law that gives us the right to discuss wages, as well as unionize, without retaliation) have a storied history of being challenged on first amendment grounds.
People have tried arguing that an employer’s first amendment rights are violated by a law that prevents them from firing someone for any reason they want. The government codifying what an employer can and can’t fire an employee for is directly related to the first amendment.
Any time you’re talking about protected speech, or the right to organizing, its directly related to the first amendment. If you can’t see that, then I don’t know what to tell you.
Since it’s abundantly clear that you’ve never actually read the 1st amendment, let me help you out:
As you can see, employment disputes are not part of the 1st amendment. As you can also see, it restricts establishing a state religion, exercising your religion, protects you from prosecution when peacefully assembling and when you are giving the government the finger.
I suggest reading through the Constitution and it’s amendments. It’s not a long read.
The first amendment only protects you from being prosecuted by the government for things you say (and it’s even limited… You can’t yell fire in a crowded theatre for instance).
The first amendment doesn’t apply here, at all.
Even if I hadn’t agreed to this it would be a no brainer. If you found your friend talking shit about you they wouldn’t be your friend anymore, why would an employer react any different?
I don’t know what kind of friends you have, but your employer is not your friend, nor your family.
They are there to exploit your labour for profit, and will only ever defend themselves, never you.
(this isn’t to say I agree with musk or anything, fuck him and anything he does, and fuck the bigots, they deserve consequences to their actions, but the idea that anyone would defend their boss like they would defend a friend makes me sad and angry and massively frustrated. Those contracts Karlos mentioned are 100% ass covering by a company that is more concerned with its reputation than it is with its employees, which when you consider we live in capitalism is to be expected, but it still seems to escape so so many people - 99% of employers don’t give two shits about you, including, and maybe especially, those who are really good at convincing you that they value “loyalty”)
I didn’t say I think I’m friends with my company but to expect consequences when you get caught talking shit.
Sure, to a point.
Ever wonder why they never fire the bigot before they go public? The bigots I’ve met in life have really sucked at keeping their mask on, do you really think their employers (and fellow employees) were oblivious? Or was it only when there was publicity involved and the company feared for their own reputation, rather than the safety of their other employees, that they do something about it?
Yet if you tweet “my boss sucks”, it probably won’t go viral or get any publicity, but your employer can just as easily fire you for “talking shit” that literally didn’t cause harm to anyone.
You specified:
Meaning if the company found you talking shit about it, and the fact that you think your employer can and should have that level of control over your thoughts and actions is actually terrifying.
If I find out my company is a piece of shit I’m leaving, why shouldn’t they be allowed to end the arrangement?
@VanillaGorilla
Why should they be able to for reasons not related to my work performance or outright violations of work code? Are we back to feudalism, where a lord can do whatever they like, to whomever they like, on a whim, with no control or consequences? Are rules and consequences only for the little people?
@Moonrise2473 @Karlos_Cantana @DessertStorms
I’m not talking about them taking a dislike in you. I’m talking about you talking shit about the company or posting shit against laws or just plain offensive. If nobody can connect your profile to you/your company why should they care. If they can, it’s about them as well as it’s about you.
At least in my country they can’t just fire you without reason. If you are a - for example - racist piece of shit on the internet and it can be tracked back to your company then hell yeah, they should at least give you a warning if not set you free.