this post was submitted on 06 Aug 2023
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Technology
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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.
@conciselyverbose
No, they need to do so within existing law and ideally also social norms. It's not ok for Bob to go after you with a rifle just because you said you don't like his hairstyle. That he can fire you for the same is atrocious.
@Moonrise2473 @Karlos_Cantana @prole
Going after you with a rifle is illegal in its own right. The first amendment is not a factor in any way.
Firing you for it is unambiguously and unconditionally legal, unless you're in a state that has other limitations on your ability to terminate employees.
There is no scenario you can contrive where a non-government employer firing an employee for speech can be connected to the first amendment in any way. The first amendment can only possibly be relevant to the government.
It's not ok for Bob to go after you with a rifle because threatening someone with a weapon is illegal by itself. Firing someone is not