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The Repercussions of Blogging

hende_jman writes "How much should you be allowed to say in a public blog? There's an article on CNN that looks at different situations in which people have been fired for blogging about their company. The main issue brought seems not to be one of a lack of trust (blogs, after all, are most often public), but rather a lack of policy outlining repercussions for negative blogging about one's company."

571 comments

  1. Remember when... by Anonymous Coward · · Score: 2, Interesting

    Slashdot had editors not named Zonk?

    Anyway, don't blog anything you wouldn't say on TV.

    1. Re:Remember when... by MyIS · · Score: 1

      Exactly.

      You should be allowed to say whatever you want, and if your employer doesn't like that - well that's between you and the company. How is this different from any other public speech?

      --
      http://zero-to-enterprise.blogspot.com/
    2. Re:Remember when... by Anonymous Coward · · Score: 0

      A look at his posting history seems to suggest not too long ago, he was a normal Slashdot user like you and me. He's even had two of his submitted stories accepted.

      What is Taco's hiring process, anyway? Or does it go through OSTG, since this website is corporate-owned (a fact Slashdotters apparently ignore)?

    3. Re:Remember when... by Anonymous Coward · · Score: 0

      He was hired to "edit" the games section and somehow he's broken out and he edits everything... yet doesn't read the site so he dupes near daily.

    4. Re:Remember when... by Leo+McGarry · · Score: 5, Insightful

      You are allowed to say whatever you want, and if your employer doesn't like it, he's allowed to fire you.

      Freedom of speech, as the saying goes, does not mean freedom from consequences.

    5. Re:Remember when... by daVinci1980 · · Score: 5, Interesting

      If I had mod points, I'd mod you up to +1000000.

      Seriously, why don't people get that? It's not that hard.

      You have freedom of speech. You're not going to be imprisoned or tortured for what you say. On the other hand, you can be fired from your job. Your s/o might leave you. Your kids might hate you. You might blow through your entire life savings unable to get another job.

      It bears repeating, in BOLD. Freedom of speech is not a license to do something illegal, unethical, or even for you to say things otherwise inappropriate for a person of your particular position in society.

      --
      I currently have no clever signature witicism to add here.
    6. Re:Remember when... by mvdw · · Score: 3, Insightful
      I agree; and had almost this exact same discussion a few days ago here at work. People seemed to be under the impression that they could yell the proverbial "FIRE!!" in a crowded theatre without consequence.

      PS: About your .sig: "Writing Games is Fun!" (presumably referring to authoring computer software with a focus on entertainment); one could also say "Writing Games are Fun", referring to Slashdot...

    7. Re:Remember when... by MHobbit · · Score: 1

      Amen.

      When I blog, I don't divulge personal things... just updates on open-source stuff and some stuff regarding life. I blog with only things that I'd back up and say on TV.

      --
      Debugging? Klingons do not debug. Bugs are good for building character in the user.
    8. Re:Remember when... by Anonymous Coward · · Score: 0
      In my State, one can collect unemployment benefits if you are let go through no fault of your own.

      Such as in a plant closing. Imagine having to defend your actions in an employment security commission hearing if you set up a web site with true, but harmful talk about your company, boss, or co-workers.

      Crooked bosses and their underlings like to work without the whole world knowing what sob's they are.

      I suppose you would need to get a really mean lawyer to go with you to that hearing. After all, your boss is nothing else, is he?

      Just because he is deliberately f**king up your place of employment and you expose him/her to the world, don't mean they can't fire you.

      Have about $10,000 handy to pay that "heavy hitter" lawyer you will need to bring to the hearing.

      That ought to do it.

    9. Re:Remember when... by Anonymous Coward · · Score: 0

      Freedom of Speech applies to the government, despite your premature disclaimer. Since corporations are the result of law (or government), such restrictions might not be inapplicable after all.

      I'll re-read the First Amendment to you (if that doesn't strike you as out of place for someone of my particular position in society):

      Amendment I

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


      I even bolded it to keep in touch with your stylistic oeuvre.

      I like saying things. I think it is even my right. I believe other people should be able to say things. I'm not sure that government construction, a corporation, should have the right to punish me for my speech.

    10. Re:Remember when... by Anonymous Coward · · Score: 0

      There is no proverbial fire. A Supreme Court justice made that up. He wasn't even talking about it. He was arguing by analogy. Most logicians consider such arguments to be fallacious.

      Considering you are posting under a pseudonym, your non-support for free speech is interesting.

    11. Re:Remember when... by swv3752 · · Score: 4, Insightful

      And you see nothing wrong with that? And where do we draw limits? Should you get fired because you support a different political party?

      If we let our rights get eroded away this is what is going to happen.

      --
      Just a Tuna in the Sea of Life
    12. Re:Remember when... by Anonymous Coward · · Score: 2, Interesting

      I'm not sure that government construction, a corporation, should have the right to punish me for my speech.

      Okay, let's say you don't work for an evilll corporation but you own your own small coding shop and you employ one person. You find out later he's writting online child molestation fantasy crap. Do you fire him?

      What is a corporation more than a collection of individuals? Why is it okay when its just you firing a cretin, but when its 100 people suddenly its a crime?

    13. Re:Remember when... by slutsker · · Score: 1

      Well, Wrongful Termination lawsuits can make it a little more complicated than that...

    14. Re:Remember when... by blueadept1 · · Score: 1

      I completely agree with you. So long as you aren't violating any non-disclosure agreements, I don't see anything wrong with it. It should be within your freedom of speech to say what you want about any entity. Excluding particular people of course, as that could be consider slander.

    15. Re:Remember when... by FLEB · · Score: 4, Insightful

      Government construction? I'm gonna say "no".

      Although the idea of a corporation is legislative, the government does not supply structure or support to any-given-corporation enough to make it a government institution covered under "Congress shall make no law".

      By that logic, a "taxpayer" is a government institution, and telling someone to STFU would be government-endorsed oppression.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    16. Re:Remember when... by Anonymous Coward · · Score: 1, Interesting

      I believe it matters if the entry revealed any company data or if it was done via the company network. If neither of these two terms are satisified, there is NO good reason to terminate the employee! The only other reason that a company should go after an individual under for a blog post should be because of a clause in a contract (which anyone CAN refue).

      Help me please:
      http://www.freeflatscreens.com/?r=15854479/

    17. Re:Remember when... by laughingcoyote · · Score: 1, Insightful

      Is he doing it on company time? No? Well then, I'd say you don't have any right to fire him, what you do off the clock is and should be none of your employer's business. (This does not of course cover such things as breach of a nondisclosure agreement, but your example didn't involve a breach of contract.) Now, of course, if he's doing it on company time, you've got every right to fire 'em. But "freedom of speech" isn't real if you can't say what you wish without fear of repercussions-and losing your job, for a lot of people, can be as catastrophic a repercussion as jail time.

      --
      To fight the war on terror, stop being afraid.
    18. Re:Remember when... by Anonymous Coward · · Score: 0

      I did not say anything about evil. I am not sure what online fiction has to do with your single employee coding business. Are you two a corporation in this hypothetical?

      A corporation is a government construct whereby a group of people who would normally be liable as individuals for doing illegal things is given amnesty by the government. So, yes, a corporation is much more than a group of people. Otherwise we'd just call a corporation a group of people. We wouldn't need this special legal term of non-responsibility.

      I am not sure what firing a person for being a "cretin" has to do with free speech.

    19. Re:Remember when... by Anonymous Coward · · Score: 0

      You have freedom of speech. You're not going to be imprisoned or tortured for what you say. On the other hand, you can be fired from your job. Your s/o might leave you. Your kids might hate you. You might blow through your entire life savings unable to get another job.

      People whine bitch and moan about their job day in and day out. Why is posting it on a blog special, when you can throw a stone and hit a slashdot article with posts about how you use X at work and it makes life on the job unbearable and miserable?

    20. Re:Remember when... by rizzo420 · · Score: 4, Insightful

      you cannot say "i have a bomb" on an airplane and not expect to be taken into immediate custody, or otherwise... you cannot sit in a theatre and yell "fire!" and not expect to be arrested for public disturbance...

      free speech does not protect all speech... you cannot work for a company and go on TV and publicly say "our product sucks, buy from this other company" and not be fired. however, if you say "our product has a strong chance of injuring you", that's completely different.

      --
      please me, have no regrets.
    21. Re:Remember when... by mabinogi · · Score: 3, Insightful

      > Considering you are posting under a pseudonym, your non-support for free speech is interesting.

      why is it interesting?

      and besides, there was no indication that he was against free speech, just against people that think that freedom of speech is also freedom from responsibility.
      You are free to say what you want, but you have to accept the responsibility for your actions.

      Most (decent) people don't use psudonyms or screen names in forums to allow them to escape responsibility, they do it to raise the barrier to random arseholes looking them up and harrasing them.

      The fact that he posted using a logged in account means that he is willing to take responsibility for his words, otherwise he would have posted anonymously.

      --
      Advanced users are users too!
    22. Re:Remember when... by rizzo420 · · Score: 1

      a corporation is not the government... your comparing apples and oranges here... a marriage is the result of government as well, yet your wife can divorce you for calling her a bitch everyday... but that's because a marriage is not the government...

      --
      please me, have no regrets.
    23. Re:Remember when... by Anonymous Coward · · Score: 0

      What you can't say by Paul Graham: http://www.paulgraham.com/say.html

    24. Re:Remember when... by Anonymous Coward · · Score: 0

      As you admit, a corporation does not exist without special legislation. In traditional corporate law, the government supports the corporation by removing liability from its individual members. Also, in most cases, the government supports the corporation by removing its tax burden, passing quid pro quo laws, and other corruption.

      Telling someone to STFU would not violate the Constitution (whether or not that person was a taxpayer or an individual known as a corporation created by law). I think you are confusing speech with, to use your term, oppression. It is unfortunate.

    25. Re:Remember when... by Anonymous Coward · · Score: 0

      You're not going to be imprisoned or tortured for what you say.

      You didn't get the memo? That seems to have changed a few years back.

    26. Re:Remember when... by Anonymous Coward · · Score: 0

      Retaliatory firing can result in civil liabilities for the employer.

      Freedom of firing, as the saying goes, does not mean freedom from consequences.

    27. Re:Remember when... by Anonymous Coward · · Score: 0, Interesting

      free speech does not protect all speech

      Why not?

      Why should the freedom of speech be abridged just because the majority of the population are jumpy, flighty, anxiety ridden, and vindictive?

      The people who trampled each other in the movie theatre? Screw 'em. Someone yelled fire, I looked around, didn't see any extra light or smoke, and carefully stood my ground right by my seat while people emptied out the aisles.

      That jerk on the plane who said he had a bomb? I looked over at him and he was a pimply faced yuppie with a cell phone, a laptop, and a big shirt button which read "I'm rich and that makes me better than you." I instantly disregarded him.

      What is the issue?

    28. Re:Remember when... by Kesh · · Score: 1, Interesting

      And what about your employer's rights? Should they have to retain an employee who they feel is disruptive to their business? Should they have a "burden of proof" for every firing?

      that's the problem: where do we draw the line? Speech isn't completely free, as posters have pointed out. And I spent half the afternoon trying to make this point on Ars Technica as well...

    29. Re:Remember when... by Macadamizer · · Score: 3, Informative

      While I would agree with your main point anyway, I just thought I would point out that this isn't such a good argument since, in 49 states of the U.S. (Montana being the sole exception), you can be fired from your job at any time, for any reason at all (except for illegal reasons, like firing because of gender, race, national origin, etc., or if you have a union or other employment contract). You employer can fire you for writing porn, whether the writing was done on or off of the job -- it's not a freedom of speech issue, it an "at-will" employment issue...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    30. Re:Remember when... by Impy+the+Impiuos+Imp · · Score: 1

      On the other hand, why should a company be forced to continue supporting, via employment, those who would tear it down?

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    31. Re:Remember when... by Macadamizer · · Score: 4, Informative

      Just FYI, an action for retaliatory firing is limited to retaliating for the following:

      1. Attempting to exercise your rights under the Family Medical Leave Act;

      2. Whistleblowers (but it has to be whistleblowing as defined under the applicable statutes, and not just you talking about stuff going on at work);

      3. Reporting safety violations under OSHA or applicable state laws.

      There are some other causes of action for retaliatory firing that differ from state to state, but these are the biggies, and firing someone from venting a company's dirty laundry on the net is not protected in any state...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    32. Re:Remember when... by chris2x · · Score: 1

      Where do we draw limits: In part that depend on where you live where we have decided to draw limits. I live for instance in California. California is an employment at will state. That means that in general I can leave my job at any time or the company can ask me to leave at any time. There courts have made exceptions to this: except when you have a contract but if you are asked to leave and you are a "long term" employee then the company has to tell you why you can't discriminate against a protected group, you can't let someone go for instance just because they are over 40 But in general, any well run company will not fire someone because they are from a different political party because they know they will be sued for wrongful termination. But if you say something in your blog that hurts the company or the company sees as not in its best interest they will probably let you go. And it does not matter if you do that in the newspaper, on TV or in a blog. You are entitled to your opinion, but that does not mean you are right.

      --
      http://chris2x.com
    33. Re:Remember when... by Anonymous Coward · · Score: 0

      Here's a novel concept. If employees are grousing, why not productively assess the issue and kick the asses of the managers who are causing the grief?

    34. Re:Remember when... by aussie_a · · Score: 1

      Let's say you do belong to an "eeevil" corporation (or heck, even a two-man "company"). Your an upstanding individual. You're easy to get along with, you do your work on time and your boss has never had a reason to yell at you. Let's say it's 10:00 at night, well after work, your boss is driving down a street on his way to his home, he happens to notice you. He goes to toot his horn when you turn into a strip-bar. The boss is outraged you would go to such an immoral place, and the next morning he fires you.

      Should that be allowed? I sure as hell hope not. But it's not different to your "child molestation" example.

    35. Re:Remember when... by Anonymous Coward · · Score: 0

      It is interesting that you equate speech to action in order to tear it down. This is why we have the First Amendment -- to keep alarmists like you from inhibiting speech with unsupported claims.

      People use pseudonyms to maintain anonymity. There is no question about this. Some post as Anonymous Coward. Some post as mvdw. Either way, the result is the same. If you want to know the poster's identity, subpoena Slashdot or use Carnivore.

    36. Re:Remember when... by Anonymous Coward · · Score: 0

      Should they have a "burden of proof" for every firing?

      The burden of proof should lie with either the employee or the company. I support the rights of a person to be sovereign over the rights of some vacuous unaccountable entity. Therefore... YES. If contested, the burden of proof should fall with the company.

      Will some companies be victimized and bankrupted? Sure. Here's a tip: Don't piss off your employees to the point where you have to fire them.

      When my neighbor's dog bit him I thought it was tragic that he had the dog put down. Why? Because he beat and kicked that dog on a daily basis. What did he expect? It was my neighbor who should've been put down. Not the dog.

    37. Re:Remember when... by Macadamizer · · Score: 4, Interesting

      Again, just FYI, "wrongful termination" means being fired for membership in a protected class. So, if you get fired because of your race, religion, gender, national origin, age (if over 40), whatever else is in Title 7 (can't remember off of the top of my head), that's wrongful termination. Plus there are some states that grant further protections, such as marital status, sexual orientation, etc.

      Wrongful termination is different from, and often confused with, being fired for "cause" or not. Firing for "cause" only impacts whether or not you can collect unemployment benefits, and varies from state to state. Wrongful termination is a cause of action that allows you to sue your former employer for damages, and is limited (generally) to firing for being a member of a protected class.

      Again, this is all U.S. law, and won't necessarily count if you are a member of a union or have a bonafide employment contract.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    38. Re:Remember when... by Macadamizer · · Score: 1

      Also, I left out filing a complaint for sexual harrasment or filing a complaint for a wage and hour violation.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    39. Re:Remember when... by Anonymous Coward · · Score: 0

      Hi. Are you a lawyer?

      Apparently not, because you say it is limited to, then correct yourself saying it is not limited to later. Oh well.

    40. Re:Remember when... by Anonymous Coward · · Score: 0

      Are you truly that immature and stupid? "Freedom of speech isn't real if you can't say what you wish without fear of repercussions..." What kind of bullshit is that? "Life, liberty and the pursuit of happiness isn't real if I can't fondle any two year old I desire without fear of repercussions."

      The fact is that as an employer you have every right to expect that your employee's are not intentionally sabotaging your business. This can be anything from bad mouthing your product to potential customers to sharing information about upcoming products to competitors to constantly having a negative attitude and pulling down morale.

      Your stance seems to be that you should be able to be a complete fucking asshole to everyone and still have them all bring you birthday presents. You really are just stupid. Why don't you do the world a favor and stop posting until you grow up some.

    41. Re:Remember when... by Anonymous Coward · · Score: 2, Interesting

      But in general, any well run company will not fire someone because they are from a different political party because they know they will be sued for wrongful termination

      This has become an art form. If an employee is a participant in an undesirable political party, he will be harassed with political discussion around the office and at lunchtime. Then he'll be fired for being confrontational.

      Please. Quit propagating the lie that laws actually protect anyone. The laws only protect people who are 1) a cash cow as defined in the law (minority, female, homosexual, disabled), or 2) well financed to hire attorneys.

      For everyone else it's live at your own risk. Why do we even pay taxes?

    42. Re:Remember when... by slumberer · · Score: 1

      And why should a company be forced to continue to employ someone who is going to publicly abuse and humiliate them?
      There is a line to be drawn here but it depends on what side you are on as to where that line should be drawn. A balance needs to be found between the two but it is unlikely that either side will/can always be happy.

    43. Re:Remember when... by Lord+Kano · · Score: 2, Insightful

      By that logic, a "taxpayer" is a government institution, and telling someone to STFU would be government-endorsed oppression.

      What if someone on welfare, Social Security, SSI or some other assistance program tells you to STFU?

      The government is providing them with financial support while they try to impede your right to free speech.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    44. Re:Remember when... by hunterx11 · · Score: 1

      Employers don't owe people jobs. Workers don't need a "burden of proof" to quit their jobs, and employers shouldn't need one to fire them.

      --
      English is easier said than done.
    45. Re:Remember when... by Kesh · · Score: 1

      Will some companies be victimized and bankrupted? Sure. Here's a tip: Don't piss off your employees to the point where you have to fire them.

      That's assuming the company is responsible for mistreating their employees. You mean you've never heard of people getting fired for being disruptive and not doing their jobs, then lying about the reasons for doing so? How would an employer "prove" that this is the reason they were fired?

      When my neighbor's dog bit him I thought it was tragic that he had the dog put down. Why? Because he beat and kicked that dog on a daily basis. What did he expect? It was my neighbor who should've been put down. Not the dog. ... that's a really bad, nonsensical analogy. I can tell you have a bias against employers in general, but "abusive bosses" are not a universal truth.

    46. Re:Remember when... by nolife · · Score: 1

      You're not going to be imprisoned or tortured for what you say. On the other hand, you can be fired from your job.

      So who defines the line of what is acceptable and what is not? You defined some extreme end points but there is a lot left in the middle. The way I see it, it may be broken down to as simple as judical punishment will not happen which is the foundation for our free speech rights but other then that, anything goes in society. You could tell your boss you can't stand him/her and they can let you go but they can not get you put in jail for it.

      --
      Bad boys rape our young girls but Violet gives willingly.
    47. Re:Remember when... by Macadamizer · · Score: 1

      " Hi. Are you a lawyer? "

      Yeah, I am.

      " Apparently not, because you say it is limited to, then correct yourself saying it is not limited to later."

      Limited to the big three, plus some state actions that vary from state to state. Then I realized I left off a biggie, so added it. What's wrong with that?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    48. Re:Remember when... by Alpha_Traveller · · Score: 1

      Well...that doesn't always apply. You could be a Whistleblower, for which you are occasionally given "Protection" from employer retaliation.

      Sometimes. Very small, very few sometimes. Unfortunately.

      --
      "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
    49. Re:Remember when... by Anonymous Coward · · Score: 1, Insightful
      Should you get fired because you support a different political party?

      Damn right you can. There's no law that can make me hire, say, a member of the National Socialist White People's Party, or to continue to employ someone if I found out that he was a member of this party.

      By the same token, there's no reason why someone should have to employ me if he finds my politics odious.

      You can even discriminate on the basis of religion if you're clever about it. Several years ago I was applying for a position as assistant professor of physics at Baylor University and was asked to supply the name of my church, how often I attended services, how long I had been a member of that church, and to have the minister write a letter of reference.

    50. Re:Remember when... by nolife · · Score: 3, Interesting

      I'm using an example from a poster already in this thread...

      Boss sees you walking into a strip bar on a Saturday when you are off work. He does not like it and fires you.. It appears based on your comment, that is perfectly acceptable.

      Now back up a few months in time to your initial interview with that same boss. He can not ask you in that interview if you visit strip bars after work.

      It seems odd that he could be allowed to fire you because you go to strip bars but he is not allowed to ask you that in an interview.

      What this appears to boil down to is, he can fire you because he wants to but he better not admit it was because he saw you go to a strip bar after work. Where this would become questionable is if he specifically mentioned his dislike for strip bars many times to you and you happen to see him see you go into one. If you got fired for "no reason" the next Monday, you'd have a good case to fight back. There are a lot of people that can sense when something is going downhill at work and they get a strong feeling the shit is about to hit the fan. If you can prove you were fired for something not directly work related, you do have an appeal process. The hard part is proving it.

      --
      Bad boys rape our young girls but Violet gives willingly.
    51. Re:Remember when... by Macadamizer · · Score: 1

      "Now back up a few months in time to your initial interview with that same boss. He can not ask you in that interview if you visit strip bars after work."

      Why can't he ask you that? That question would not be illegal under California law (the state I'm most familiar with).

      "What this appears to boil down to is, he can fire you because he wants to but he better not admit it was because he saw you go to a strip bar after work. Where this would become questionable is if he specifically mentioned his dislike for strip bars many times to you and you happen to see him see you go into one. If you got fired for "no reason" the next Monday, you'd have a good case to fight back. There are a lot of people that can sense when something is going downhill at work and they get a strong feeling the shit is about to hit the fan. If you can prove you were fired for something not directly work related, you do have an appeal process. The hard part is proving it."

      But these aren't LEGAL questions -- the company may have a policy of only firing people for cause; the boss might get in trouble from the company for firing you for such a reason; you might be able to appeal to HR to get your job back -- but this would not be an ILLEGAL firing of any sort.

      Whether or not your boss can articulate a good reason to fire you or not may impact whether or not you can obtain unemployment benefits in your state, but it does not affect whether or not it was legal to fire you in the first place. As I and others have noted on this thread, the only time it is ILLEGAL to fire someone is if they are fired because of membership in a protected class, fired for retaliation for asserting a protected right or whistleblowing, or if they are in a union or otherwise are working under a contract (or are in Montana).

      Now, from a practical standpoint, your boss might want to articulate a different reason for firing you, because if they can come up with a good reason, then it makes it much less likely that you will try to sue them. But legally speaking, firing you for going to a strip club is just as valid as firing you for failing to show up for work on time. That's at-will employment for you.

      Again, the rules vary from state-to-state, and certainly country-to-country, but this is the general rule in the U.S. in 49 of the 50 states (everywhere except Montana...).

      --

      "That's not even wrong..." -- Wolfgang Pauli
    52. Re:Remember when... by Anonymous Coward · · Score: 0

      You mean you've never heard of people getting fired for being disruptive and not doing their jobs, then lying about the reasons for doing so?

      I've never witnessed anyong being disruptive or lazy on the job unless they were 1) protected by some members of management or 2) harassed by management. In those cases the company has dug its own grave.

      How would an employer "prove" that this is the reason they were fired?

      Not my problem. I don't care if companies are forced to take the employee back. Fix the problem before the employee gets terminated.

    53. Re:Remember when... by Anonymous Coward · · Score: 0

      And why should a company be forced to continue to employ someone who is going to publicly abuse and humiliate them?

      Action-reaction. If an employee is abusing and humiliating their employer then there's a very high probability that the employee is being abused and humiliated while on the job. That's harassment and is illegal.

      Too bad harassment victims are only protected if they've been legally classified.

    54. Re:Remember when... by Macadamizer · · Score: 1

      "Now back up a few months in time to your initial interview with that same boss. He can not ask you in that interview if you visit strip bars after work."

      One more thing -- people generally believe that there are certain questions that it is illegal to ask in an interview. Again, this varies from state to state, but the general rule is that there really aren't any "illegal" questions -- however, any question that asks about membership in a protected or quasi-protected class would probably be frowned upon by HR and your state's labor board, because it would raise the possibility that you weren't fired because of your membership in that protected class, and open you up to lawsuits.

      So, from a practical standpoint, there are certain subjects that are "verboten," although they may not technically be "illegal." But usually these questions deal with membership in a protected or quasi-protected class -- whether or not you like to go to strip clubs, or beat animals (or your wife), those sorts of things, are usually fair game.

      Most states DO have laws restricting questions about arrests and convictions, and some states do restrict certain questions, but these legal restrictions are much less broad than the "practical" restrictions...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    55. Re:Remember when... by rizzo420 · · Score: 0, Flamebait

      first thing... no i am not going to take the time to find a case that supports my statement, but it's not all that much different than yelling a bunch of stuff to incite a riot (you could say you were just yelling it and not purposely trying to start a riot).

      the company is not obligated to fire you, but why should they continue to pay someone who will cause them to lose money?

      this is different because of whistleblower laws... not to mention you are speaking in terms of public safety as opposed to personal opinion.

      and what makes you think i'm a pothead? the 420 in my username? "rizzo" was already taken. i use a few different means to get it used, one is adding "420" to the end of it, another is adding "sushi" to the end of it. had i done that, would you think i'm an italian jap or that i really like sushi? it's just a way of getting it used. at least i'm not a pussy hiding under the guise of anonymous coward (hence the "coward" in anonymous coward).

      --
      please me, have no regrets.
    56. Re:Remember when... by Anonymous Coward · · Score: 1, Insightful

      Yes it should be allowed. An employment contract is between two people, and can be terminated if either party decides to not continue. If I saw my boss go into a strip club, I have the right to quit if I decide that it is an amoral place to work. The converse is also true.

    57. Re:Remember when... by Anonymous Coward · · Score: 0

      Ah, the famous stair step argument

      If one goes to A, then he goes to B... then C... what's to stop him from Z? (where Z is something extreme like killing babies for sport)

      The problem with that argument is that it conveniently throws away the fact that most people have reasonable minds with boundaries.

      NO sane employer is going to fire someone for exercising their right to vote for whoever they want. That clearly would amount to suicide by lawsuit. And yet people want to base their arguments around such irrational bullshit.

    58. Re:Remember when... by pete6677 · · Score: 3, Interesting

      Baylor is a private religious institution, and therefore allowed to discriminate. For the same reason, Bob Jones University was allowed to continue their ban on interracial dating until they dropped it a couple of years ago due to public pressure. Religious institutions are one of the only groups that do not have to follow civil rights laws and most other labor laws, since the government has been hesitant to regulate religious groups. And yes, you will find cases where people have abused this situation, disguising a business as a church.

    59. Re:Remember when... by Triv · · Score: 0, Troll

      I don't have a blog because my penis is small. Send me small penis email at pinteresque@mac.com .
      Linux sucks. Macs Rule.
      PPS. I can't figure out how to make my Mac work so I am using my grandmother's PC.

    60. Re:Remember when... by Madcapjack · · Score: 1
      yes, on the other hand, is saying negative things about your company legitimate grounds for being fired? Must they all hail the Caeser?

      Sometimes saying these kinds of things (as long as they are true and not slander)is more beneficial to the company and stockholders and employees than not doing so. If only some employee had blogged about Enron sooner, no?

    61. Re:Remember when... by Anonymous Coward · · Score: 0

      Agreed. I write and post comedy on the net. It's extremely foul-mouthed and adult oriented. It's depraved, and it's all in good fun.

      Can I get fired for being funny in this manner, if I happen to be a employee of an American company?

    62. Re:Remember when... by nolife · · Score: 1

      I thought a lot more was illegal then really is. I found this somewhat related page from Monster. Either way, asking questions like that will raise a considerable suspicion and not something I think any company would like to get involved defending.

      --
      Bad boys rape our young girls but Violet gives willingly.
    63. Re:Remember when... by Pig+Hogger · · Score: 1
      I believe it matters if the entry revealed any company data or if it was done via the company network. If neither of these two terms are satisified, there is NO good reason to terminate the employee!
      Bzzzt! No good! Can't you see? This is the "new", "improved" "reality" where croporations make the rules at their whim and fancy.
    64. Re:Remember when... by Anonymous Coward · · Score: 0

      NO sane employer is going to fire someone for exercising their right to vote for whoever they want.

      And yet this has happened numerous times throughout history. You chose a really bad example.

    65. Re:Remember when... by Leo+McGarry · · Score: 1

      I'd say you don't have any right to fire him

      You would be mistaken, at least in every locality where I've ever lived. See, employers have the right -- absolute, but limited by some very specific and narrow laws meant to keep the balance -- to hire and fire whomever they want for whatever reason they want. If you're my employee and I decide I don't like your socks, I can fire you on the spot if I want.

      You are certainly free to hold the opinion that you don't think employers should have those rights, but it seems like most of the country disagrees with you, so you're not going to get your way any time soon.

      But "freedom of speech" isn't real if you can't say what you wish without fear of repercussions

      I'm gonna say it again, 'cause apparently it didn't sink in the first time. The freedom of speech is not a freedom from consequences. Everything you say or do has repercussions. The government is not in the business of wrapping the whole world in foam rubber so you never bruise your shin on a sharp corner.

      Now, what the freedom of speech does mean is that you can say whatever you want without fear of being imprisoned for it. Within reason, of course. National security, incitement to violence, fraud, libel ... we have some very specific limits on our freedom of speech, but the principle remains.

      Might there be other consequences other than imprisonment? Bet your ass. You might lose your job. People might stop buying your records. Your TV show might get cancelled. If one of these things happens to you, it's going to be unpleasant. But it's not something the government has any business helping you with.

    66. Re:Remember when... by Anonymous Coward · · Score: 0

      Your writing is misleading. Your writing is reflective of poor legal understanding. I guess you are a bad lawyer. My bad.

    67. Re:Remember when... by Leo+McGarry · · Score: 1

      Now back up a few months in time to your initial interview with that same boss. He can not ask you in that interview if you visit strip bars after work.

      Sure he can.

      If you can prove you were fired for something not directly work related, you do have an appeal process.

      Not in the courts, you don't. Well, at least not in any of the states where I've ever worked. If you don't want to be fired for just any old reason, get a contract. They're not hard to find. Many employers offer them, in my experience. Though many are smart enough to explicitly reserve the right to terminate the contract at any time and for any reason.

    68. Re:Remember when... by Leo+McGarry · · Score: 1

      I think you're just trying to be funny here, but what the heck, I'll play along. If the financial support in question were contingent upon their telling you to shut up, then you'd have an argument. But since it's not, the fact that they're telling you to shut up is merely an exercise of their constitutionally guaranteed freedom of speech.

    69. Re:Remember when... by Macadamizer · · Score: 1

      Somehow I doubt an AC's unfavorable interpretation of my legal acumen is going to keep me up at night, but you never know...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    70. Re:Remember when... by Anonymous Coward · · Score: 0

      You asked, "Can I get fired for ... ?" This is an error. There is no "for." The proper question is, "Can I get fired?"

      If you don't have a contract or some other binding agreement which limits your employer's rights, you can be fired. There's no "for" involved. You can be fired, period.

      This is also not unique to America. All civilized countries accept this basic principle.

    71. Re:Remember when... by Leo+McGarry · · Score: 2, Insightful

      You defined some extreme end points but there is a lot left in the middle.

      Um. Actually, there's not. You're not going to be imprisoned for what you say. That's it. That's the one data point. And even that has exceptions. If you disclose national secrets, for example, you can be imprisoned. But the exceptions are few and specific.

      The only thing that the First Amendment guarantees is that Congress shall make no law abridging the freedom of speech. In other words, you will not be imprisoned for what you say. Neither will you be deprived of life, liberty or property for what you say. Congress lacks that power.

      Everything else is fair game. Your boss wants to fire you? He can fire you. Your wife wants to divorce you? She can divorce you. Your kids want to stop eating their vegetables? They can stop eating their vegetables. Your friends want to stop returning your calls? They can stop returning your calls. Your dog wants to run away? Bye bye, Rover.

      Freedom is a double-edged sword. On the one hand, it means, hey, you're free. On the other, it means that there's no safety net. You have to accept responsibility for your own decisions.

    72. Re:Remember when... by Leo+McGarry · · Score: 2, Insightful

      is saying negative things about your company legitimate grounds for being fired?

      Yes. Here's how we know.

      Take a question of the form, "Is X legitimate grounds for being fired?" For any value of X, the answer is yes ... except some very specific and narrow exceptions. You can't fire somebody for being one gender or the other, for belonging to a particular racial or political group or for adhering to a particular religion. You can't fire somebody for belonging to a union or for choosing not to join a union. That's about it.

      For all other values of X, the answer is yes. Because employers are free, too, you know.

    73. Re:Remember when... by Leo+McGarry · · Score: 1

      Absolutely nothing. Remember, this is Slashdot. Ninety-nine posts out of a hundred are written by sociopathic children with a grudge against the world.

      Your comments are specific and clear. Please keep writing them.

    74. Re:Remember when... by Anonymous Coward · · Score: 0

      There is no proverbial fire.

      I don't think you know what "proverbial" means.

    75. Re:Remember when... by Leo+McGarry · · Score: 1

      That's funny. I taught as an adjunct professor at Baylor for a couple of terms about five years ago. The issue of my religious leanings never even came up.

      Are you absolutely sure that you're telling the truth, here? Or is it just slightly possible that you're just making stuff up?

    76. Re:Remember when... by dvdeug · · Score: 1

      By the same token, there's no reason why someone should have to employ me if he finds my politics odious.

      Which means that to the extent that politics is seperated by money and power, those with money and power have the ability and right to crush their opponents. There's a reason why the voting boxes are secret, and avoiding that is a big part of it.

      You can even discriminate on the basis of religion if you're clever about it.

      You can kill a lot of people if you're clever about it. Doesn't mean it's legal or right.

    77. Re:Remember when... by timeOday · · Score: 0, Flamebait
      Freedom of speech, as the saying goes, does not mean freedom from consequences.
      I guess invading Iraq was a waste of time them. After all, Iraqis under Saddam were perfectly free to express their opinions. They just weren't free to choose the consequences. Right?
    78. Re:Remember when... by timeOday · · Score: 3, Insightful
      it's not a freedom of speech issue, it an "at-will" employment issue...
      Obviously it is a freedom of speech issue. And it's a freedom to fire issue.

      Why can't people just see the obvious - many freedoms are mutually incompatible. Redefining words to avoid the dilemma doesn't change anything.

      So the only question is whose freedoms trump whose.

    79. Re:Remember when... by jcr · · Score: 2, Insightful

      I'd add to that, that far too many people fail to understand the difference between censorship and criticism.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    80. Re:Remember when... by Anonymous Coward · · Score: 1, Insightful
      Except...

      in many countries, the reasonable principle is applied that there is an implied contract in any employment:

      A) You do the job, as per your job-description
      B) I pay you.

      What you do on you own time is none of my business.

      If you want to practice line-dancing in your own time---no matter how offensive and repulsive I may find this activity---as long as you do your job, the implied contract holds and I have no right to fire you for it.

      If I fire you because of your unnatural findness for line-dancing, the gubmint gets to pay you enemployment. Since I fired you for no good reason, they are apt to come and (effectively) ask me for the money---plus collection expenses, allowances, etc.

    81. Re:Remember when... by Quothz · · Score: 2, Interesting

      See, employers have the right -- absolute, but limited by some very specific and narrow laws meant to keep the balance -- to hire and fire whomever they want for whatever reason they want. If you're my employee and I decide I don't like your socks, I can fire you on the spot if I want.

      Mind you, there's a disincentive. It's a minor point, but worth mentioning: an employee who's been fired without cause ("cause" being determined by the Department of Labor) can collect unemployment insurance, assuming that person is otherwise eligible (usually this requires a certain amount of time worked within some period of time). This especially can hurt small businesses, since it raises their unemployment insurance rates.

      Unfortunately, this quite often leads to employers "finding a reason" in order to keep their rates down, even if they really just want to cut payroll a bit. This leads to various off-topic ramifications to the hapless, disenfranchised employee.

      Ultimately, what the article doesn't say is that the reason companies want more clear-cut policies is so that firings for blogging are "for cause" (because they violated company policies). It's not because they don't think they can fire 'em.

    82. Re:Remember when... by Grishnakh · · Score: 1

      Yep. Even in the USA, this is true in many states. Firing someone without just cause is grounds for a "wrongful termination" lawsuit, and these are quite frequent. However, in other states (known as "at-will employment" states), the laws are much more favorable to businesses. Generally, employers can fire people for any reason, as long as it's not because of a type of discrimination that's Federally protected.

      Interestingly, the "red" states tend to be at-will states, whereas the "blue" states are not. California is famous for its employee-friendly laws. Non-compete agreements, which come up here on /. now and then, are unenforcable there. But even though the blue states are less business-friendly, their economies are much stronger, and all the tech companies are located there.

      I'm guessing this shows that treating your employees like crap is not a long-term recipe for success.

    83. Re:Remember when... by Leo+McGarry · · Score: 1

      That was a beautiful comment. Truer words were never spoken.

    84. Re:Remember when... by Leo+McGarry · · Score: 1

      Mind you, there's a disincentive.

      Oh, definitely. That's absolutely right, which is why our system works as well as it does. Employers have a rational self-interest in finding good employees, hiring them, then keeping them employed for as long as possible. Employees, in turn, have a rational self-interest in staying employed as long as possible. So everybody's working toward the same goal with an absolute practical minimum of regulation and red tape.

    85. Re:Remember when... by Anonymous Coward · · Score: 0

      Also, remember that EEO rules only apply to employers that 'publically advertise' a position being available. There are many various shades of 'public advertisement' running from totally private to the "Help Wanted" sign in the window.

      I've also seen more insidious tricks like putting a minor discrimination-acceptable addendums to a job description. If the physics professor must also be the backup alternate assistant vice-locker room supervisor for football games on February 29th, suddenly it's a male-only postion. Obviously something that blatant can be fought, but the stunt can be accomplished more subtly

    86. Re:Remember when... by Anonymous Coward · · Score: 0

      If I had mod points, I'd mod you up to -1000000.

      Seriously, why don't people get that? It's not that hard.

      It bears repeating, in UPPERCASE. FREEDOM OF SPEECH IS A LICENSE TO SAY WHATEVER THE FUCK YOU WANT, WHENEVER THE FUCK YOU WANT, HOWEVER THE FUCK YOU WANT.

      It most specifically allows you to say things otherwise or whatever inappropriate, appropriate, or totally irrelevant for a person of your race, class, karma level, age, sex, race, or whatever other classification you might imagine...

      And this specifically includes freedom to say your employer is an asshole.

    87. Re:Remember when... by Anonymous Coward · · Score: 0

      Should you get fired because you support a different political party?

      Not exactly fired, per se... but a year ago I was between jobs looking for something temporary to get a bit of income...
      I applied at the local Target, and the pre-screening application asked me several very personal and politically motivated questions. Asking if I were Rep/Dem, what percentage of politicians I thought were liars, etc.
      Very strange questions to be on a pre-screening app, and with no opt-out. Needless to say, I didn't get a call back from them :P

    88. Re:Remember when... by aussie_a · · Score: 1

      An employment contract is between two people, and can be terminated if either party decides to not continue.

      Wow. All I can say is I sure as hell hope it's a lot different in Australia to America. I'd hate to work in a situation where such a thing is possible. It'd be a big incentive to find a method of being able to survive under self-employment.

    89. Re:Remember when... by Anonymous Coward · · Score: 0

      The problem is the poster to first mention STFU had no idea what the First Amendment meant (or sought to misconstrue it). STFU is not a problem. Using force to keep someone from speaking is.

    90. Re:Remember when... by Anonymous Coward · · Score: 0

      So sayeth Macadamizer late at night. Why are you posting legal opinions online without first disclosing your occupation? Trying to keep yourself clear of (being knwon as) violating the additional "requirements" of your "profession"? Or, just lying?

    91. Re:Remember when... by Leo+McGarry · · Score: 1

      No, that's not even a problem. Using force to keep anybody from doing anything is generally a crime, assault, and as such we have laws to deal with that. (There are exceptions, of course, as when the heroic bystander tackles the bank robber.) Using force to prevent somebody from speaking would not be a first-amendment issue. It'd be an issue for the local criminal courts.

      No, the only time the first amendment comes into play is when Congress is involved. The purpose of the amendment is to keep the government from abridging the freedom of speech, or the freedom of religion, or what have you. That's where it starts and stops. It has nothing to say about disputes between individual citizens or between citizens and their employers.

    92. Re:Remember when... by Anonymous Coward · · Score: 0

      And you see nothing wrong with that? And where do we draw limits?

      So where are your limits when it comes to free speech? If an employee is allowed to bad-mouth their employer on-line, should an employer be allowed to bad-mouth employees on-line too?

      If I own a company, should I be able to post public blog entries about under-achieving employees? Maybe keep lists of employees that are caught slacking off on company time?

      I don't think so either. Employment is a private contract between you and your employer. It should stay that way.

      It's hypocrital to think that employees should be able to disclose an employer's closet-skeletons, but not the other way around.

    93. Re:Remember when... by cait56 · · Score: 1

      Clearly it would be against public policy for an employer to fire someone exercising their rights as a citizen to comment on matters of public interest.

      But that does not mean they have to allow you to use the fact that you are an employee to abouse their trademark, disclose company secrets, or to violate SEC regulations.

      So posing in your work uniform in a manner contrary to the company's advertising, or for that matter for any purpose that the company has not approved of, is clearly a very different matter than you expressing an opinion about an election.

      Everyone knows that they are not allowed to call up the Wall Street journal and just give away company secrets (unless it is a revelation of wrongdoing that qualifies as whistle-blowing). But it seems some people think that a blog is somehow not a public statement, despite the fact that it most deliberately is.

      The on-line world can't have it both ways. It can't be "just as real" as print media when it's time to protect anonymous sources, and "really just the same as talking at a party" when you don't want your employer to react to what you posted publically.

    94. Re:Remember when... by shark72 · · Score: 1

      "If we let our rights get eroded away this is what is going to happen."

      Interesting choice of words. If this were, say, 1920 and an employee of a company were to say inappropriate things in an ad in the New York Times, they'd be liable to be fired then, too.

      --
      Sitting in my day care, the art is decopainted.
    95. Re:Remember when... by Monkelectric · · Score: 2, Interesting
      Yep ... I interviewed for a religious university recently as a programmer analyst... I got a *PERFECT* score on their technical test, actually above perfect -- one question had 3 possible approaches so I showed them all (not one other applicant even finished). I got the boot because I wasn't baptist.

      But in the long run -- they cut their own throats. They are hiring low quality individuals because they attend church.

      --

      Religion is a gateway psychosis. -- Dave Foley

    96. Re:Remember when... by Anonymous Coward · · Score: 0

      Wow! An honest inquiry into the nature of free speech gets labeled flamebait. How alanis morissette.

      Of course since it is flamebait, this must be a flame.

      *uh-hum*

      So no, you are so wrong dude. Personal responsibility. You gotta be responsible for what you say. But if I act like an ass based upon what you say, I'm not responsible 'cause like you said it and stuff.

      Yeah.

      God damn ignorant slashdotter

      *is that flamy enough?*

    97. Re:Remember when... by Macadamizer · · Score: 1

      " So sayeth Macadamizer late at night."

      Dude, it's only 11:00 PM here, it's not THAT late...

      "Why are you posting legal opinions online without first disclosing your occupation?"

      Actually, if you click on my username, it quite clearly says I am an attorney in my profile. I have nothing to hide.

      Why don't you post using an identifiable user ID? Why don't you disclose your profession?

      "Trying to keep yourself clear of (being knwon as) violating the additional "requirements" of your "profession"?"

      Since I'm not giving legal advice, I'm not violating any rules of my profession. I am as free to opine on the law as you are -- just as I am as free to opine on FireFox or Java as you are...

      "Or, just lying?"

      Why would I lie? No reason to do that. I may not always be right, I may not always have a popular opinion, but I don't have any reason to lie.

      I guess I could post a picture of my bar card, or I could post my bar number, but since my employer's name is public record, I would prefer to remain at least a bit anonymous -- but I guess not an anonymous as you...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    98. Re:Remember when... by Anonymous Coward · · Score: 0

      HaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHa!

      Have you read some of your posts?

      And of course you are that one out of a hundred.

    99. Re:Remember when... by dvaldenaire · · Score: 1

      disguising a business as a church ?

      i can't see many differences between businesses and churches. Are there any ?

      --
      What does it mean, "appended to the end of comments you post"
    100. Re:Remember when... by BackInIraq · · Score: 1

      "what you do off the clock is and should be none of your employer's business"

      I can think of one good exception, and that is if whatever you are doing is illegal.

      Why is that, especially if what they are doing is not on company time and doesn't affect the company directly? Well, if you get arrested, suddenly you won't be showing up for work, will you? Then they will have to go through the cost/trouble of replacing you.

      So any illegal activities you indulge in off the clock are you're employer's business...not insofar as they are required to report you or try to get you to stop, but insofar as they should very much be able to fire your ass.

    101. Re:Remember when... by ultranova · · Score: 4, Interesting

      Freedom of speech, as the saying goes, does not mean freedom from consequences.

      Actually, yes it does. If it doesn't, then each and every nation that has ever existed has had absolute freedom of speech; after all, even in Nazi Germany, Soviet Russia, Communist China and North Korea, you could go to the nearest town center and shout "$(LEADER) sucks !". You would be shot or sent to Siberia for it, but hey, freedom of speech does not mean freedom from consequences, right ?

      Please note that I'm not commenting about the right (or lack of it) of the company to fire whoever they will for whatever reason. I'm simply pointing out that the parent posters claim is completely nonsensical.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    102. Re:Remember when... by Anonymous Coward · · Score: 0

      So in the case of the EA spouse who complained about work conditions, since her identity is unknown; EA could fire 100 of the most likely culprits, and that action would withstand a lawsuit regarding retaliatory firings?

      Uh-huh, I'd like to see it.

    103. Re:Remember when... by Weirsbaski · · Score: 2, Insightful

      It bears repeating, in BOLD. Freedom of speech is not a license to do something illegal, unethical, or even for you to say things otherwise inappropriate for a person of your particular position in society.

      Well that last part is awfully ripe for abuse. As a citizen of my country, is it inappropriate for me to say that I don't always like my country's social-policy laws, fiscal laws, or the wars that my government keeps getting us into?

      I don't care for the idea that the constitution gives me specific rights, but government+business work together (intentionally or not) to make me effectively not be able to exercise those rights.

      --

      I am not a sig.
    104. Re:Remember when... by Mycroft_VIII · · Score: 1

      Of course the counter might be 'hostile workplace environment'. Especially if it's his supervisors starting the conversation.
      But those that think 1st aplies to your job, it doesn't. You are only protected in a small range of cases (such as calling osha and telling them about violations).
      Let's turn this around. Suppose you a bussines owner. Do you really think someone should have the right to force you to keep paying them indefinately when he's rude and obnoxious?
      While I do think it's a bit slimy to fire someone for thier off duty behaviours, the employers do have to consider being tarred as the people that employ that jerk who does leagle, but highly socially unacceptable, things in his spare time.
      The current system isn't to badly balanced, though it's a bit shifted for the employer at the moment.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    105. Re:Remember when... by Mycroft_VIII · · Score: 1

      There's nothing there to errode.
      You have no inherent right to a job, or to keep one once you've got it.
      Your job related rights are things like getting paid the agreed amount for work done, not being called racist names nor being sexually harrased, that sort of thing.
      But you never had the right not to be fired for say being a crossdresser in your free time, or just simply being of a different political orientation than the boss.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    106. Re:Remember when... by Mycroft_VIII · · Score: 1

      However in almost every case your employer also has the right to say "sorry, you don't work here anymore, get out." and make it stick.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    107. Re:Remember when... by Anonymous Coward · · Score: 0

      You have freedom of speech. You're not going to be imprisoned or tortured for what you say.

      There are exceptions to every rule:

      1) "I have a bomb in my suitcase"
      2) "Will my Al Queda membership card do as photo ID?"
      3) "Yes officer, that is my bag of cocaine"
      4) "Is $50 for a hand job OK?"
      5) "Eat lead, Mr Bush"

    108. Re:Remember when... by verus+vorago · · Score: 1

      Not sure about political parties but in Australia you can't be discriminated against because of trade union membership.

    109. Re:Remember when... by jim_redwagon · · Score: 1

      considering that you are posting anonymously, your presentation of an argument on the use p-names is fallacious.

      --
      I forgot what I wanted to say, but honestly, it was important.
    110. Re:Remember when... by Loco3KGT · · Score: 1

      Actually the only question you are not allowed to ask in an interview is how severe is ones handicap. Other than that all other questions are legal. BUT, you're taught you're not allowed to ask those because should that person not be hired they have immediate grounds for a lawsuit.

      --
      Blessed be he who reads this post, Cursed be he who tells my boss.
    111. Re:Remember when... by Have+Blue · · Score: 1

      Freedom of speech means freedom from consequences imposed by the government. You should still watch your mouth around family, friends, your boss, etc, because you don't have any protection from anything they might do in response (except for some specific exceptions in the last case, and things that are illegal anyway).

    112. Re:Remember when... by geoffspear · · Score: 1
      When I was recently interviewing people, I didn't ask a single one of them if they steal from their employers, rape small children, or toture animals. Does this mean that if I hire someone who does those things, I shouldn't be allowed to fire them because it's my own fault for not asking?

      In the future, should I make a huge list of everything I find objectionable, and spend 10 to 11 hours grilling potential employees about them?

      --
      Don't blame me; I'm never given mod points.
    113. Re:Remember when... by geoffspear · · Score: 1
      Please note that I'm not commenting about the right (or lack of it) of the company to fire whoever they will for whatever reason. I'm simply pointing out that the parent posters claim is completely nonsensical.

      No, actually you're demonstrating a complete lack of understanding of basic principles of logic.

      Freedom of speech does not mean that there are no consequences for speech. It means that some specific consequences (those imposed by government) don't apply. "Freedom from consequences" would imply that there are no consequences, whatsoever, at any time. I suggest you look up the difference between existential and universal qualifiers, and while you're at it, "nonsensical".

      --
      Don't blame me; I'm never given mod points.
    114. Re:Remember when... by Politburo · · Score: 1

      Neither will you be deprived of life, liberty or property for what you say.

      Re-read that clause.. it reads "deprived of life, liberty, or property, without due process of law."

      You can certainly be deprived of l/l/p because of what you say. Try making a threat against the prez and see what happens.

    115. Re:Remember when... by Politburo · · Score: 1

      So the only question is whose freedoms trump whose.

      Correct, and this is one area where the two parties differ greatly.

      Republicans: Corporations trump people.

      Democrats: People trump corporations.

      Need proof? Look at any of the bills coming out of Congress.. like the bankruptcy "protection" bill that protects corporations "rights" to exploit consumers, or the prescription drug plan that explicitly prohibits the government from leveraging the pharma industry, or the massive subsidies to airlines funded by ticket fees, the proposed privatization of SS, etc.

    116. Re:Remember when... by Anonymous Coward · · Score: 0

      Yeah, and you can also go on the tube and say

      "...it lengthens, and it strengthens
      And it finds that slipper that's been at large
      under the chaise longe for several weeks
      And it plays a mean Rhythm Master
      It makes excuses for unwanted lipstick on your collar..."

      whether any of this is true or not. What's the point, again?

    117. Re:Remember when... by BloodSpite · · Score: 0

      Actually, yes it does. If it doesn't, then each and every nation that has ever existed has had absolute freedom of speech

      Sorry, that doesn't wash Freedom of speech is an American garunteed right not a world right subject to another countries interpretation.

      The day the rest of the world agrees to free speech your arguement will have merit, but by your arguement the Jewish had freedom of speech under the Nazi's you cite. I'd say the statement "Freedom of speech, as the saying goes, does not mean freedom from consequences" stands based on this.

      --
      The truth does not change by our ability to stomach it -Flannery O'Conner
    118. Re:Remember when... by stinerman · · Score: 1

      You are allowed to say whatever you want, and if your employer doesn't like it, he's allowed to fire you.

      That is true. But, more importantly, should your employer be allowed to fire you for speaking your mind?

    119. Re:Remember when... by Leo+McGarry · · Score: 1

      Yes. Your employer should be allowed to fire you for whatever reason he wants, up to a legally defined line that protects workers from discrimination or unfair practices.

      Employers have rights too. The rights of employees do not trump the rights of employers.

    120. Re:Remember when... by stinerman · · Score: 1

      Where should the line be drawn?

      Is posting "I think George W. Bush is a douche bag" a good enough reason to fire someone? Is it allowable to have a Republican-only shop?

      Using your definition, it would be damn hard to fire someone. Discrimination comes in all shapes in sizes.

    121. Re:Remember when... by Leo+McGarry · · Score: 1

      Where should the line be drawn?

      It's already been drawn. It's illegal to fire somebody (or to refuse to hire somebody) based solely on race, national origin, gender, religion, or age. (I think that's all of them.) Firing or refusing to hire on these grounds is discriminatory, and unlawful. The law spells these exceptions out very clearly and explicitly.

      Everything else is permitted.

      Is posting "I think George W. Bush is a douche bag" a good enough reason to fire someone?

      It begs the question. Because no reason is required to fire somebody. To ask, "Is X sufficient reason?" misses the point, because no reason is required at all. So the question of whether X is sufficient never even comes up.

      Is it allowable to have a Republican-only shop?

      Yes. It's also "allowable" (I think you mean lawful) to have a communists-only shop, or an English-speakers-only shop, or a Star-Trek-fans-only shop. It's not lawful to have a men-only shop or a white-people-only shop or a Christians-only shop, because those are deemed discriminatory and are prohibited by law.

      Using your definition, it would be damn hard to fire someone.

      I don't see where you get that at all. All you have to do to fire someone is say, "You don't work here any more." It doesn't even have to be written. It can be done at any time with no paperwork or bureaucracy at all. It's incredibly easy to fire someone.

      Just like it's incredibly easy to hire someone.

    122. Re:Remember when... by Anonymous Coward · · Score: 0
      i can't see many differences between businesses and churches. Are there any ?


      I guess you are trying to be funny. Though there certainly are religious groups that are more into the money thing than the religion thing.. many religious groups really do have higher aims. For many money is merely a means to a higher end, not an aim in of itself.

      But you know this.. you're just being cynical.
    123. Re:Remember when... by nolife · · Score: 1

      Everyone of your examples is clearly an illegal act everywhere in the US, going to a strip club in your off time is NOT. I'm sorry you can not grasp the point of this thread and see the difference between your examples and mine. You actually interview people?

      --
      Bad boys rape our young girls but Violet gives willingly.
    124. Re:Remember when... by Tassach · · Score: 1
      Why do we even pay taxes?
      Because the tax collectors have guns and can send you to Federal PMITA prison.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    125. Re:Remember when... by Anonymous Coward · · Score: 0

      Damn, I need to register.....I would mod this up.

      Cause its the truth...

      You have to ask your self if you really want to work for a company that would fire you beacuse personal beliefs/sexual prefrences differed?

      Personally I would not, work is about well... work and business, not my personal life...\

      I dont want take my personal life to work and I dont want work in my personal life........

    126. Re:Remember when... by Tassach · · Score: 1
      I got the boot because I wasn't baptist.
      Probably for the best. If all your coworkers were bible-beaters, it probably wouldn't have been a pleasant working environment for someone who wasn't.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    127. Re:Remember when... by Tassach · · Score: 1
      i can't see many differences between businesses and churches. Are there any ?
      Churches don't have to pay tax. They also have other numerous exemptions from the law.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    128. Re:Remember when... by Monkelectric · · Score: 1

      Oh yea thats for sure ... but the job market is still pretty damn tough out here in california :) Would hav been a better place to keep looking from.

      --

      Religion is a gateway psychosis. -- Dave Foley

    129. Re:Remember when... by meme_police · · Score: 1

      Yeah, but you can't be fired for being a whistle blower. There are plenty of things that could be said that are legal, ethical, or not inappropriate that companies could threaten to fire you for.

      --

      The meme police, They live inside of my head

    130. Re:Remember when... by Leo+McGarry · · Score: 1

      Wow. You don't have the slightest understanding of anything going on in your life. Reducing two totally different ways of looking at the role of government down to glib and dismissive sound bites is the stupidest thing I've heard all day. And that is saying something.

      You're a fucking idiot, man.

    131. Re:Remember when... by Politburo · · Score: 1

      *yawn* I see that you did not rebut any of my assertions. Perhaps it is you that does not understand what is going on?

    132. Re:Remember when... by MrBlackBand · · Score: 1
      Democrats: People trump corporations.

      Then how come the Dems are in the back pockets of the corporations?
      More like:

      US Government: Corporations trump people.

      --
      "It is difficult to get a man to understand something when his salary depends upon his not understanding it."
    133. Re:Remember when... by Lord+Kano · · Score: 1

      No, the only time the first amendment comes into play is when Congress is involved. The purpose of the amendment is to keep the government from abridging the freedom of speech, or the freedom of religion, or what have you. That's where it starts and stops. It has nothing to say about disputes between individual citizens or between citizens and their employers.

      Through the 14th amendment the protections of the first amendment are propagated down to state entities as well.

      Since any appropriation of federal funds is done via an act of Congress, anyone who accepts federal funds also has to accept the strings that are attached.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    134. Re:Remember when... by Leo+McGarry · · Score: 1

      Since any appropriation of federal funds is done via an act of Congress, anyone who accepts federal funds also has to accept the strings that are attached.

      That's an assertion that has gone both ways in the courts. It's not something you can really state authoritatively.

    135. Re:Remember when... by mabinogi · · Score: 1

      speech is action. you cannot speak without performing an action.
      Every action you do and every word you say has a consequence.
      No one has freedom from consequences. "Shall Make no law...." etc does not and should not prevent people or organisations from reacting to the words you had the freedom to say. They have the right to react as much as you have the right to speak, and they also have to expect consequences for their reactions.
      If there is an issue with firing people for blogging, then it is not a Freedom of Speech issue, it is an Unfair Dismissal issue. That is because freedom of speech as defined in the constitution is only relevant in the context of the government passing laws - allowing you to say what you like about the government without fear of recrimination _from the government_.

      --
      Advanced users are users too!
    136. Re:Remember when... by Anonymous Coward · · Score: 0

      Why couldn't I ask if you go into strip bars?

      I can ask that. I can ask if you drink, smoke, beat your wife.

      Some people shy away from these questions, not because they are illegal, but could show bias against religion. "If he goes to strip clubs, he has to be an athiest..."

      I find that a terrible stretch, and will ask you that.

      You want to sue me for discrimination based on a protected class, have at it.

    137. Re:Remember when... by ImmortalDeath · · Score: 1

      If the boss doesn't like it, why would he/she be in said strip club area in the first place?

    138. Re:Remember when... by laughingcoyote · · Score: 1

      I never said they shouldn't be able to fire you for failing to show up. If you fail to show up because you got arrested, that's no different then any other reason.

      --
      To fight the war on terror, stop being afraid.
    139. Re:Remember when... by a+whoabot · · Score: 1

      You pay taxes because the alternative isn't any different. Say taxes went down to zero percent. All that would happen is that US $ inflation would go up. What do you use to buy stuff with? Probably Federal Reserve dollars like everyone else. So go to this future, where you have no taxes now. Yay! Now the government doesn't get your money! But you still lose all the equivalent value because the FR just circulates more dollars taking away your purchasing power and giving that value to the government.

      The tax collectors don't need guns, everyone voluntarily uses the dollars of which they set the value. You can't escape being "taxed" as long as you use federal dollars.

      Unless you have some objection to the act of taxing itself, and not to the more general act of the government is taking your wealth away from you for things you don't see a return in, then you have no real objection to taxation.

      The situation is a whole lot more dire then them enforcing taxation through violence, they control the very fabric of trade. You can end their violently backed taxation, but you don't escape taxation in general, so why bother? Any work against unjust taxation, in its totality, is over in that it has failed. Your only hope is to not play the game at all, and set yourself back a couple hundred years in terms of what you can do in the marketplace(i.e. trade in the form gold nuggets) and that's a rather bizarre thing to do.

    140. Re:Remember when... by athomascr · · Score: 1

      >You have freedom of speech. You're not
      >going to be imprisoned or tortured for what you say.

      After several years of torture and indefinite detentions without trial, Americans can no longer feel safe that the latter is guaranteed.

  2. Jeez.. by Rod+Beauvex · · Score: 1

    Yes, God/Allah/Budda/Satan/Mataki forbid that attention be brought to a company's bad business practices and employee mistreatment....;)

    1. Re:Jeez.. by ScrewMaster · · Score: 0, Offtopic

      Who is this Mataki dude?

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Jeez.. by Cabriel · · Score: 3, Insightful

      I don't know. If I circulated flyers around my workplace that said it sucked, do you think I would be able to keep my job?

    3. Re:Jeez.. by Anonymous Coward · · Score: 2, Funny

      Didn't you see Office Space? It's that sort of "out of the box" thinking that gets you promoted.

    4. Re:Jeez.. by Anonymous Coward · · Score: 0
      Bad analogy. A blog is usually available to anyone on the net. Flyers round the workplace are going to people who probably already know.

      Mind, on that basis, your point is strengthened.

    5. Re:Jeez.. by FooGoo · · Score: 1

      Usually an NDAs real purpose is preventing you from telling the world that the company you are working for is really screwed up. It prevents customers from finding out now what they will find out after they pay for the product.

      --
      People who bite the hand that feeds them usually lick the boot that kicks them
    6. Re:Jeez.. by stratjakt · · Score: 1

      "My name is George Costanza, and I fear no reprocussions for my actions..."

      --
      I don't need no instructions to know how to rock!!!!
    7. Re:Jeez.. by databyss · · Score: 1

      Still a bad analogy.

      Somebody has to go to a specific place to read your blog with the intention to do so.

      Throwing flyers around the workspace forces your opinions into thier faces.

      That kinda weakens the point.

      --
      Hmmm witty sig or funny sig? Maybe elitest techy sig!
    8. Re:Jeez.. by Anonymous Coward · · Score: 0

      Who the hell is Mataki?

    9. Re:Jeez.. by Rod+Beauvex · · Score: 1

      Google is our friend.

    10. Re:Jeez.. by laughingcoyote · · Score: 5, Insightful

      Once again, the distinction:

      Are you doing it AT WORK (on company property) and/or DURING WORK (on company time)?

      If YES, it is your company's business, and justification to fire you. If NO, it is not. This is not similar to your analogy, since it (presumably) wasn't done during work or on company property-a more appropriate analogy would be "If I tell my friends how bad my day at work sucked at the bar after work, and it gets around to my boss, should he have the right to fire me?"

      --
      To fight the war on terror, stop being afraid.
    11. Re:Jeez.. by laughingcoyote · · Score: 1

      Quite often, in this case, whistleblower laws will protect an employee who speaks up. Generally, if it's about a deceptive or dangerous practice, they will even protect those who violate an NDA. Of course, IANAL, and you should talk to an aforementioned L before you do blow the whistle.

      --
      To fight the war on terror, stop being afraid.
    12. Re:Jeez.. by TIMxPx · · Score: 0

      I'd also use some common sense. Whistleblowing for unsafe or unethical practise is a good thing, but working in a hostile environment completely sucks. If people start making your life miserable at work, you'll end up quitting anyway. There was a very recent /. article on a similar topic... if you don't like it, then quit. You can tell people, including the proper authorities, all about it, but why do it while you're still working there? I mean isn't that kind of like eating at McDonald's twice per day and then suing them for making you fat? You know where you are and what you're doing, and you do have a choice. The bottom line is that you can't have it both ways, complaining about how evil your company is at the beginning of the week, then collecting your big fat check at the end of it for contributing to all of the evil that your company does.

      --
      There are 10 kinds of people in the world: That averages about 660,000,000 of each kind.
    13. Re:Jeez.. by Anonymous Coward · · Score: 1, Informative

      I mean isn't that kind of like eating at McDonald's twice per day and then suing them for making you fat?

      Not hardly. In terms of eating you have plenty of choices. You don't have to starve for three months just because you don't want to eat at McDonald's.

      In most cases, you can't hold multiple full-time jobs at the same time. If you want to change jobs, you just might be looking at three months of starvation.

      The factors involved around the choice are completely different.

    14. Re:Jeez.. by Macadamizer · · Score: 5, Insightful

      "If I tell my friends how bad my day at work sucked at the bar after work, and it gets around to my boss, should he have the right to fire me?"

      But the answer to this question -- at least in the U.S., and in 49 of the 50 states -- is yes, your boss does have the right to fire you. Unless you are a member of a union, have a bonafide employment contract, or live and work in Montana, your boss can fire you for any reason at any time -- that's "at will" emplyment for you.

      Now, whether your boss "should" have the right to fire you, that's another question altogether. But under current law, your boss CAN fire you for any reason at all, including off-duty badmouthing of the company.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    15. Re:Jeez.. by RobertLTux · · Score: 1

      Easy disclose only when you have the shield of 1 the company is going supernova anyway 2 Some sort of TLA group is doing the asking So for example SCO is about to go boom. As an employee if the SEC or the FBI or the DOJ is doing the asking go for it. Volenteering the info would be bad.

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    16. Re:Jeez.. by Cabriel · · Score: 1

      Well, if blogging is similar to publishing articles, and you leave derogatory messages about work in such a blog on the internet for anyone to see, then if your boss sees it, you effectively gave him a flyer telling him he sucks.

    17. Re:Jeez.. by Grishnakh · · Score: 1

      Um, I could be wrong, but my understanding is that many states, not just Montana, are not at-will states. I believe California is not at-will, for instance. They certainly have a lot of other employee-friendly laws, such as noncompete agreements being unenforcable.

    18. Re:Jeez.. by laughingcoyote · · Score: 1

      Actually, I've heard of wrongful-termination suits for quite a few different reasons, and many successful ones. That's in my state (Colorado). Just because there's not technically a law against something, doesn't mean that you can't sue on the grounds that it was unfair and damaging to you.

      --
      To fight the war on terror, stop being afraid.
    19. Re:Jeez.. by Macadamizer · · Score: 2, Interesting

      "Um, I could be wrong, but my understanding is that many states, not just Montana, are not at-will states. I believe California is not at-will, for instance."

      All of the states except for Montana are at-will states. Don't get confused with "right-to-work" states -- not all states are "right-to-work" -- but all except Montana are at-will.

      At-will means that your employer may terminate you at any time for any reason that isn't specifically illegal, and you have the right to leave at any time without giving any notice. Right-to-work means that in general you can't be forced to join a union.

      "They certainly have a lot of other employee-friendly laws, such as noncompete agreements being unenforcable."

      In general you are correct -- there are a very limited number of areas where California will enforce a non-compete, see California Business and Professions code 16600. Interestingly, one of the area wherre a California non-compete CAN be enforced is deals with artists and writers who draw comic books...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    20. Re:Jeez.. by TwistedSquare · · Score: 2, Interesting
      Unless you are a member of a union, have a bonafide employment contract, or live and work in Montana, your boss can fire you for any reason at any time -- that's "at will" emplyment for you.

      At the risk of asking a stupid question, is it not normal to have an employment contract? I've seen this "unless you have a contract" thing a few times in this discussion, and was surprised. I'm pretty sure that there is a law here in the UK that states you must have an employment contract within 13 weeks of beginning work, and if you don't have a contract I think you'd generally consider your job to be a bit on the dodgy side... is this not the case in the US?

    21. Re:Jeez.. by Macadamizer · · Score: 1

      Employment contracts in the U.S. are pretty unusual, unless you are an executive (CEO of a big company), or are a pro athlete, musician, actor, those sorts of things. Virtually all regular employees in the U.S. work without an employment contract.

      I guess there are both advantages and disadvantages of this system. You can be fired at any time -- but on the other hand, you are also free to renegotiate or leave at any time. In the 2000-2004 time period, I'm sure that "being able to leave whenever you want" is a small consolation for being able to be fired at any time -- but during the 1997-1999 period, it was businesses that were complaining that they couldn't keep employees, and were bending over backwards to try and keep them! Working without a contract isn't just pro-company -- it just seems like it right now. When the economy turns around, working without a contract will seem pro-employee...

      --

      "That's not even wrong..." -- Wolfgang Pauli
  3. Non Disclosure Agreement..??? by ABeowulfCluster · · Score: 1, Funny

    WTF does that mean?

    1. Re:Non Disclosure Agreement..??? by blackomegax · · Score: 1

      it means you agree to not disclose. disclose - to reveal hope that clears up your confusion ;)

  4. It's Not About Your Rights by Anonymous Coward · · Score: 4, Insightful

    It's about the companies rights. They can fire you for whatever reason they like.

    It's a two way street, you can leave whenever you want, and the company can leave you.

    Stop this bellyaching about your freedom. You don't have the "right" to keep your job.

    1. Re:It's Not About Your Rights by cheekyboy · · Score: 1

      Unless you work for;

      * a university
      * a govt department
      * CIA
      * military
      * church
      * a CEO
      * family business

      Yes, its real hard to get sacked there.

      Treat your employment like you would a soviet era workplace. All public comments should be under false names/nicks otherwise you'll get 'thrown of a bridge' ;-)

      --
      Liberty freedom are no1, not dicks in suits.
    2. Re:It's Not About Your Rights by weave · · Score: 1

      It's a tad bit different for "civil servants" in the U.S. They have some constitutional protections from being fired without due cause. You can be fired, but it has to be for cause.

    3. Re:It's Not About Your Rights by ScrewMaster · · Score: 4, Interesting

      Um ... yes, under many conditions you do. The Federal Government isn't much concerned about that, but the States certainly are. A wrongful firing suit can cost a company a lot of money. So don't assume, as an employer, that you have the right to terminate any employee, at any time, for any reason. For that matter, so far as blogs are concerned there are laws to protect whistleblowers. Still ... if you dislike your employer enough to want to badmouth them in public you should probably just look for another job and be done with it.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:It's Not About Your Rights by Leo+McGarry · · Score: 2, Informative

      It varies from jurisdiction to jurisdiction. In Texas, for example, where I grew up and had my first job, the employer has the absolute right to hire and fire at will with only a few narrow exceptions.

    5. Re:It's Not About Your Rights by PedanticSpellingTrol · · Score: 1

      It's the same way here in south carolina, but I, and most everyone else around here, is just fine with that as a tradeoff for not being forced to join a union as a condition of employment.

    6. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0

      if you are fired for whatever reason they like, you then sue their arse off for unfair dismissal if there was no valid reason. a company can not just fire someone because they feel like it.

    7. Re:It's Not About Your Rights by Registered+Coward+v2 · · Score: 4, Informative

      Unless you work for;

      * military

      Yes, its real hard to get sacked there.


      Well, the military fires people on a regular basis - for officers, two fail to promotes and your out (unless you have made 04 where you're assured 20 years of service)

      Enlisted memebrs can be refused re-enlistment as well.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    8. Re:It's Not About Your Rights by RollingThunder · · Score: 1

      This must have changed now, given the "stop loss" orders, etc.

    9. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0

      * Or work for any company in Netherlands where employees are guaranteed better job security than in the USA and companies must apply for permission to sack anyone and fight it out in court if reasons deemed unacceptable.

      Surfing porn on office computers after business hours or in the privacy of your own lunch break, for example, can not be a good reason, unless the company has made these rules clear ahead of time.

      And of course, in the USA you can't fire someone for racist, sexist reasons or opinions they hold.

      I'm sure there are laws about leaking sensitive information to competitors and considered a legitimate reason for being sacked, except if this company is in legal violation of something and an employee is being a good citizen for blowing the whistle. In that case a company can not sack this employee, though usually obviously most choose to leave to prevent an ambiance of animosity.. and demand 'goodbye' money assigned to them by the court, based on the circumstances.

      Not sure about the finer details of the law. So I break them without a troubled conscience (ignorance is bliss ;-)).

    10. Re:It's Not About Your Rights by Anonymous Coward · · Score: 1, Insightful

      "It's about the companies rights."

      Companies have NO rights. WHAT SO EVER. but since they've bought the government out from under us, they like to pretend they do.

    11. Re:It's Not About Your Rights by ShieldW0lf · · Score: 3, Informative

      I believe this extends to private companies in Canada. Unless they have due cause, they can't just fire you. They can lay you off because they don't need you anymore, but if they're caught re-hiring someone with your skill set in the immediate future after laying you off, they're fucked.

      You see a lot of jobs up here that are just under 35 hours a week up here, because part-time employees don't recieve the same protections. Instead of 3 employees working full time, you hire 4 to work 30 hrs a week and you can screw them over to your hearts content.

      --
      -1 Uncomfortable Truth
    12. Re:It's Not About Your Rights by Frogbert · · Score: 1

      I'm not sure about the USA but in Australia generally people need a pretty good reason to get rid of you before they can, moreso if you are in a union. I don't know why you Americans take that crap, who wants to work somewhere where they think they could be let go at any minute?

    13. Re:It's Not About Your Rights by stratjakt · · Score: 1

      Bullshit, a corporation or business is a citizen, just like you. It's always been that way, since the day the constitution was signed.

      --
      I don't need no instructions to know how to rock!!!!
    14. Re:It's Not About Your Rights by Oligonicella · · Score: 0, Offtopic

      Rant, ought to be Troll. You do not speak the truth. Why?

    15. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0
      Uh, non it's not. Since when do corporations have the right to vote? Since when can corporations lose their right to bear arms when they commit fellonies?

      There have been some judges that said that in some respects corportations are like citizens; but that's not close to saying that they are citizens.

    16. Re:It's Not About Your Rights by JJProg · · Score: 2, Informative

      Exactly. There is a real threat to people's rights with respect to blogging, but it's not from companies; it's from the government -- in particular, from Campaign Finance Reform. According to an article at news.com (The coming crackdown on blogging), the Bipartisan Campaign Reform Act of 2002 (aka McCain-Feingold) could, for example, make a link from a blog to a candidate's site count as a contribution to that candidate's campaign, and therefore subject to regulation.

    17. Re:It's Not About Your Rights by Anonymous Coward · · Score: 1, Insightful

      Sucks to be you. I work in a "northern" state where we enjoy protection from arbitrary firings AND forced union memberships. There's plenty of companies around hiring, and plenty more starting up. Anyways, I don't mean to dig at you, but you're either new to this industry or in the minority if you think unions are bad. Wait a couple of years, maybe when you're in your 30s. Of course that's only if you work for someone else... small business owners and independants quickly forgot their humanity.

      Cheers.

    18. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0

      Maybe that's true, but I think you see a lot more 35hr/wk jobs in the US where that means they don't have to pay health insurance.

      I worked PT for a number of years at different companies and in fact filed a complaint about one place that kept 'screwing' it's PT workers over. Result - no more screwing over, manager fired, executives warned. About the only thing they can do is fire you at will but that's what probation periods and explicit contracts (ie 2-strikes-and-you're-out) are for. Americans sure love to suck corporate cock.

    19. Re:It's Not About Your Rights by BeatlesForum.com · · Score: 1

      I live in the south and I think unions are bad.

      I think they used to be good until they started being abusive to employers - causing labor cost to be inflated, etc (look at the mining industry in this country as an example). I can't think of a good example under today's federal labor standards that a union would be a good fit. (Not that I am a fan of big government, mind you.) Reagan took a stand against the air traffic controllers in the '80s. Most coal miners who "wouldn't work for less than $100 a day" are now either retired or went on to seek other trades. The steel industry in America is in a similar, but not as advanced, state as the mining industry of the early 1980's.

      --
      When millions disappear from earth, it's not aliens, it's the rapture.
    20. Re:It's Not About Your Rights by Jason+Earl · · Score: 1

      Yes, and how long do you think that your average numbskull that is badmouthing his employers on a blog is likely to last once his employers found out. Especially when you consider that the employer has complete access to the employee's computer, proxy logs, and whatever else they need. I've seen employers look for probable cause (they were looking to fire Union personnel), and in the end they always got what they wanted.

      The reason for this was simple. The folks that they wanted to fire were doing a crappy job. If you don't like your employers and your morale is so bad that you are mouthing off on a public blog then chances are good that you are doing a piss-poor job.

    21. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0

      No, we're still kicking highly-trained soldiers out for being gay.

    22. Re:It's Not About Your Rights by peachpuff · · Score: 1
      "[C]ausing labor cost to be inflated, etc (look at the mining industry in this country as an example). . . Most coal miners who 'wouldn't work for less than $100 a day' are now either retired or went on to seek other trades.

      Not to debate your politics, but are we talking about the same "mining" here? As in hauling rocks underground, breathing rock dust and weird fumes with a real danger of being buried alive? $100/day doesn't sound inflated at all. I think you've misunderstood the reason that so many people got out of that line of work.

      --
      -- . . ramblin' . . .
    23. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0

      Who is going to enforce your rights under those wonderful federal labor standards? Dept of Labor? Hardly. Gte your own lawyer to work for you on commission. Not worth it for the lawyer.

      There are certainly some industries where the balance of power went to far to the unions side, creating silly and outrageous work rules, but that doesn't mean unions have no place. These fair labor standards have been upheld since the late 30's, and it still took unions to bring equitable pay and workplace standards.

    24. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0

      Because as an American, it is my right to be poor, uneducated and beleive in silly cults.

    25. Re:It's Not About Your Rights by Kesh · · Score: 4, Insightful

      Because overall, Americans value the rights of the individual to earn as much money as they want. Which inherently means that a business can conduct itself how it wants.

      True capitalism would avoid any governmental regulation, and I've known folks who actually want that. Because, when you get down to it, a restriction on businesses means a restriction on you as well, if you have any plans on becoming well-to-do. Donald Trump has made an entire career (and TV show) out of hiring and firing people as he sees fit.

      We're a mixed-market economy, but we still lean towards capitalism when given a chance. People here balk when you want to regulate companies, even if it's to their benefit as an employee... because it then limits their potential to be a business owner themselves.

    26. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0


      And of course, in the USA you can't fire someone for racist, sexist reasons or opinions they hold.


      What color is the sky on your planet?

    27. Re:It's Not About Your Rights by Macadamizer · · Score: 1

      Ahhh, must be Montana -- the only state in the U.S. that doesn't have "at will" employment...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    28. Re:It's Not About Your Rights by Eternally+optimistic · · Score: 1

      Companies would behave nicer towards their employess if employess quit bad jobs more readily.

      --
      What keeps me going is my inertia.
    29. Re:It's Not About Your Rights by KarmaMB84 · · Score: 1

      There's no "right" to keep a job, but an employer may be bound by certain rules. They generally cannot discriminate against employees and if they are paying into unemployment, firing the employee may result in undue financial harm (they may not be able to draw unemployment unless laid off rather than fired). If they damage someone for a bullshit reason they could get smacked down for it.

    30. Re:It's Not About Your Rights by metheglen · · Score: 1

      "Stop this bellyaching about your freedom. You don't have the "right" to keep your job."

      Except of course you do if you are fired for misconduct or gross misconduct and blogging is not defined as such in your HR document or contract.

      Come on people it's not difficult. You have the right to say what you want about your employer. It might have consequences (in NZ it's tantamount to career suicide cos it's so small a place), but unless the employer has a clause stating "you may not blog about us" or "public remarks that the employer deems defamatory are deemed misconduct" then you're pretty safe. Of course, this doesn't stop the company "performance managing" you out of a job.

      The First amendment (in the US - and remember this isn't true across the other 190 countries of the world) protects your right to say what you want. The laws governing libel and slander protect an entity's right to protect itself. Firing someone for blogging something defamatory or libellous is fine ONCE the offence has been established. Otherwise it is pre-emptive and illegal (unless as before it contravenes the employer's rules)

    31. Re:It's Not About Your Rights by mrscorpio · · Score: 1

      To be pedantic, you are MOSTLY incorrect. An employer can terminate your employment for any non-discriminatory reason (that's the biggie). In other words, a reason that would have to hold up in court if the term'ed employee sued them. Most companies take extra-special care to document all incidents so that they don't lose in court if they do get sued for wrongful termination.

      I don't see why a company should fire a person for a negative 'blog comment...in most circumstances. There are industries/sectors where public comment on business matters is inappropriate. I think that if they are going to fire you for it, it should be due to libel and they should also be suing you due to this fact. If the 'blogger is making a valid point and you want to fire him because of it, there's deeper problems at the company methinks....

    32. Re:It's Not About Your Rights by BVis · · Score: 1

      Yes, and how long do you think that your average numbskull that is badmouthing his employers on a blog is likely to last once his employers found out. Especially when you consider that the employer has complete access to the employee's computer, proxy logs, and whatever else they need.

      So you give your employer unfettered access to your home computer? Do you let them read your mail, too? At least one person this article is talking about (on CNN, not the slashdot summary) had their blog hosted on web space that they paid for out of their own pocket, and presumably they were using their own machine to post to it, not their employer's equipment.

      If you don't like your employers and your morale is so bad that you are mouthing off on a public blog then chances are good that you are doing a piss-poor job.

      Way to blame the victim. Isn't it just possible that someone who works hard and produces well and gets great performance reviews, etc etc, doesn't like their employers and has terrible morale, but has too much personal pride to let it affect the quality of their work? I know dozens of people in this situation; they work hard, they continually get screwed by their employers, but continue to work hard in the hopes that they can at least acheive some measure of personal satisfaction while they scour the job listings for a job that sucks less.

      As far as I can tell, this is just another way for big business to control what their employees do every minute of their lives. Unsatisfied with monitoring their web access, reading their email, testing their urine, and requiring many to carry a pager 24/7 without additional compensation, companies are starting to screen their employees for legal activities during off-work hours, such as tobacco usage(http://query.nytimes.com/gst/abstract.html?r es=F60613FF345F0C7B8CDDAB0894DD404482). What's next? Filtering employees' TV signals for competitors' advertising? Requiring spyware on employees' home personal computers that forwards all email to HR for evaluation? GPS transmitters implanted under the skin?

      Granted, this is bordering on tinfoil-hat territory, but seriously, where does it end?

      --
      Never underestimate the power of stupid people in large groups.
    33. Re:It's Not About Your Rights by nolife · · Score: 1

      Well, the military fires people on a regular basis - for officers, two fail to promotes and your out (unless you have made 04 where you're assured 20 years of service)
      Enlisted memebrs can be refused re-enlistment as well


      For that to happen, there are well documented specific conditions that the service member would have to not meet before there would be a seperation from the military. These are far from just letting you go and the member would know he/she was not cutting it looong before they were let go. It's not like you were late for work twice in one week and they sent you packing. It takes a while and there are many steps of punishment prior to finally not being reccomended for retention.

      --
      Bad boys rape our young girls but Violet gives willingly.
    34. Re:It's Not About Your Rights by Profane+MuthaFucka · · Score: 2, Interesting

      What about companies being abusive to employees? You know, like sending their jobs to India?

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    35. Re:It's Not About Your Rights by Paul8069 · · Score: 1

      Actually, I'm in the military and I've seen a few people get fired. If you do enough things wrong (i.e. DUIs, smoking dope, showing up to work late, etc.), they will kick you out. Most people that go out this way get a general discharge for failure to conform to military standards. It's not worth the military's time or money to send them to trial to try and imprison them (as so many people seem to think is what will happen if you get in trouble in the military).

      --
      Paul
    36. Re:It's Not About Your Rights by lifespan · · Score: 0

      All the power is on one side of that equation. That's the reasons unions exist. Only the ignorant or the innocent could honestly believe otherwise.

      You don't have the "right" to keep your job
      In Australia you used to have the right to not be unfairly dismissed. (eg. for criticising your employer, wearing too short a skirt for your bosses wife's liking etc)

      --
      -- Howto: Get +5 (1) Whine about M$ (2) Namedrop Gentoo (3) Casually Abuse Mods (4) Namedrop Early Computer Model
    37. Re:It's Not About Your Rights by bburton · · Score: 1
      For that to happen, there are well documented specific conditions that the service member would have to not meet before there would be a seperation from the military.
      No, it's called High Year of Tenure. Regardless of conduct, if you fail to be promoted, you WILL be separated. In the Air Force, you take a test for promotion (among other things). Some Airman are exemplary, yet do not test well.

      For example, Senior Airman (E-4s) in the USAF that don't make Staff Sergeant (E-5) by their 12 year mark, make their high year tenure. They are given involuntary separation pay (of I think about $12,000, though I'm not sure), and discharge papers.

      For more info see here.
      --
      Slashdot = ((Technology + Politics) / Trolls) % Grammar Nazis
    38. Re:It's Not About Your Rights by Anonymous Coward · · Score: 0

      Because we're stupid and we suck.

      But don't worry. Thanks to this kind of stupidity here, our economy is rapidly going down the tubes (at least for the majority of people; the rich are getting richer, which makes it look like the economy's doing ok), our know-how is all going overseas, and all the things that made us strong are quickly drying out, so in a couple of decades we'll just be a washed-up third world country that the rest of you can laugh at.

    39. Re:It's Not About Your Rights by Jason+Earl · · Score: 4, Insightful

      As an employee your job is to please your employer. It's really as simple as that. My personal opinion believes that this extends to how you talk about your employer in public. Employees are always talking about how they want their employers to separate their private life from their professional life. I personally don't think that it is too much to ask to extend employers the same courtesy. Use your free time to blog about something besides work. If you absolutely have to say something about work, at least make sure that it is something positive for crying out loud. If your employer is so horrible that you feel the world should know the depths of their depravity why in the world are you still taking their money?

      This has absolutely nothing to do with big business, other than it's only idiots that work at large corporations that think that they can get away with this kind of crap. No one is talking monitoring your every move. Heck, even if you worked at a lemonade stand your boss would expect you to not badmouth the business in public. It doesn't have anything to do with blogging either. If these idiots got up to the pulpit in church and bad mouthed their employers the same thing would have happened. You have the right to say any crazy, stupid, or inane thing that you want, but that doesn't mean that you don't have to face the consequences on Monday.

      This is about being stupid, pure and simple. If you work for an employer that is so horrible that you can't help but say terrible things about them in a public forum then you need to find another job. It's really that simple. If you are caught saying bad things about your employer in a public place you shouldn't be surprised if you find yourself looking for another job. This shouldn't come as a surprise to anyone.

      Everyone has had a job at one time that they didn't like. Most of them keep the job until they find another job because they keep their mouths shut in public. That's not really too much for an employer to ask. They are, after all, paying you a salary. The classy (and smart) folks even go so far as to not badmouth past employers. You never know when you might need an old job back, and venting private problems in public rarely solves the problem.

    40. Re:It's Not About Your Rights by uujjj · · Score: 1

      Apparently, Carly does read slashdot . . .

    41. Re:It's Not About Your Rights by Aeron65432 · · Score: 1

      That, and you can easily be canned if you announce that you are gay.

    42. Re:It's Not About Your Rights by Dwonis · · Score: 1
      if they're caught re-hiring someone with your skill set in the immediate future after laying you off, they're fucked.

      My understanding was that it has nothing to do with re-hiring someone else...

      As far as I know, "laying off" someone in Canada just boils down to giving them a severance package (which can be several weeks'/months' pay, depending on how long they've worked there, among other thing). When you fire someone with cause, you don't have to pay them for anything more than what they've already earned.

    43. Re:It's Not About Your Rights by Chandon+Seldon · · Score: 1

      The constitution was signed a long time before the date you're looking for. I'd guess around 1920 was when the supreme court ruling occured that granted corporations full rights as citizens.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    44. Re:It's Not About Your Rights by ShieldW0lf · · Score: 1

      My understanding was that it has nothing to do with re-hiring someone else...

      As far as I know, "laying off" someone in Canada just boils down to giving them a severance package (which can be several weeks'/months' pay, depending on how long they've worked there, among other thing). When you fire someone with cause, you don't have to pay them for anything more than what they've already earned.


      You're mistaken. If you get laid off or your employer goes out of business in Canada, you qualify for your unemployment insurance. If you get fired or quit, you don't. It's a big deal.

      If those restrictions didn't exist, people could game the system. An example might be a company that lays off all their staff, hires other staff, then lays off that staff and hires the original staff. Rinse, repeat, and you've got people able to work 6 months a year and then continue to get paid unemployment insurance until that runs out. I'm not sure how long that would be, but I'm sure you get the idea.

      Aside from that, it would allow all sorts of exploitation of workers if you could just fire anyone you wanted without cause. The amount of sexual harassment you could get away with if you could just fire anyone you wanted any time without any justification, for example.

      I can certainly see the perspective of the employers who don't like the loss of personal freedom, and could be "stuck" keeping on paying someone they'd rather replace if the person hasn't given them just cause for firing. That said, the reality of the world right now is that most people aren't working for individuals anymore anyways, they're working for corporations. Which means the individual "stuck" with them isn't losing any freedom or having any financial obligation placed on them personally, they're just doing their jobs.

      --
      -1 Uncomfortable Truth
    45. Re:It's Not About Your Rights by shimmin · · Score: 1

      Yes, but even in states where employers can fire for no reason at all, there are reasons for which they cannot fire.

    46. Re:It's Not About Your Rights by BVis · · Score: 1

      As an employee your job is to please your employer.

      And as an employer, their responsibility is to reward and encourage hard work by sharing their success with their employees, who have made it possible. The norm, unfortunately, these days appears to be to reward hard work with more hard work, and to spend the least money and effort they can on keeping their employees happy, or even sane. Why should a good employee stay at a company like that? Because nearly all cases their financial situation is controlled by the employer, and big business knows it, and uses it as leverage in getting the employee to make more profit for the company by any means possible. The playing field isn't level. Big business is trying to tilt it further by making examples of people who comment negatively about their employer in blogs by firing them. The message is, "Toe the line at all times or your ass is on the curb. We don't care if this is on your own time, all your opinion are belong to us."

      However, your point is well taken. A smart employee will at least refrain from badmouthing their employer publicly until they at least have another job lined up. But it should be the employee's choice, not the employer's.

      That's not really too much for an employer to ask. They are, after all, paying you a salary.

      That doesn't give them the right to control what you do and think 24/7. They might think it does, and to varying degrees they can get away with it, but it's something that should be fought against.

      What I'm concerned about is the possible slippery slope that could exist here. Today you can be fired for public speech against your company, which may seem logical to most reasonable people. But let's take a hypothetical next step: employers censuring employees for private conversations they may have. Let's say Sally works for Company A. Sally doesn't like the company, for what most people would consider to be valid reasons, and is keeping quiet publicly while looking for another job. A classmate/former roommate/cousin/whatever calls her up and says, "Hey, Sally, I have a job offer from Company A, I was calling to get your opinion of them as an employee." Sally, being asked for her opinion, gives it honestly, and as a result the classmate/former roommate/cousin/whatever does not take the job. Company A gets mad, because they were already having trouble recruiting/hiring new employees due to their reputation as a lousy place to work, and determines that Sally is the one who influenced the decision, in a private conversation between Sally and their candidate. Company A, being the short-sighted profit-grubbing employee-hating company that they are, either fires Sally outright on some flimsy pretense, or makes her job so miserable that she has to choose between quitting and going crazy.

      Is the next step after being able to fire an employee for blogging (public speech) requiring an employee to present a false opinion of the company (e.g. as a place to work) in private conversation? This is coming dangerously close to allowing employers to dictate what their employees think, not just what they say. Even if Sally were to say, "Sorry, I can't discuss my working conditions," that could be interpreted as negative feedback and could be used against her.

      There's toeing the company line and then there's controlling what an employee thinks. I'm of the opinion that if your employees have (legitimate) problems with their company as a place to work, then that company should IMHO work on improving their employee relations instead of being able to legally shoot the messenger.

      --
      Never underestimate the power of stupid people in large groups.
    47. Re:It's Not About Your Rights by Registered+Coward+v2 · · Score: 1

      Stop loss prevents voluntary, not involuntary, seperations.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    48. Re:It's Not About Your Rights by nolife · · Score: 1

      I understand your claims and I was in the military for 10 years myself (got out on my own ;)), point is still, these requirements are well known way in advance and well documented and published for all to see from the day you enter the military. They are not going to keep people around that are borderline useless or had some disipline problems in the past which IMHO is the only reason someone should ever reach high year tenure. I don't give much weight to your claim of only poor test scores being the only cause. There are other ways for any commanding officer to promote someone that he/she wants to keep in the military.

      --
      Bad boys rape our young girls but Violet gives willingly.
    49. Re:It's Not About Your Rights by bluGill · · Score: 1

      Lets separate terminology.

      In all states (and nearly all countries) you have the right to fire an employee for wrong doing. There is fault involved on the employees part. When you fire someone you are telling everyone "don't hire this crook". Crook is the correct work because the employee was doing something if not illeagle, bad enough that you are willing to say in court that nobody would allow him to work for you given when he did. This is a very strong statement, and companies hate to do it because they are taking a stand on someone that can ruin them.

      In Texas (and many but not all states and countries) you have the right to let someone go for no reason. However when asked about the employee your response is on the order of "Good worker, I have nothing bad to say about him, but we no longer needed him." In short you have let them go, but there is no fault involved.

    50. Re:It's Not About Your Rights by jandrese · · Score: 1

      It's all a matter of perspective. Busnesses love to complain about unions, and rightfully so if they have to compete with people who use slave labor in some southeast asian country. Still, it is a fact that the wage gap is increasing in this country (the Rich are getting proportionally richer while the poor get proportionally poorer) so obviously unions aren't doing their job of equalizing the pay scales.

      If a union had absolute power, the unionized workers would have the same pay as the management. If management had absolute power (which they used to have, which is why unions came around), then workers get just enough to survive and keep on working while Management gets everything that is left. For an example of this, look at the Coal industry before Unions came about. The best place to be is somewhere in the middle, but unfortunatly saying in the middle requires pull from both sides, which can easily erupt into conflict when either side pulls too hard.

      --

      I read the internet for the articles.
    51. Re:It's Not About Your Rights by Politburo · · Score: 1

      Donald Trump has made an entire career (and TV show) out of hiring and firing people as he sees fit.

      Donald Trump made a career out of real estate, plain and simple. The Apprentice was developed long after he became successful.

    52. Re:It's Not About Your Rights by Jason+Earl · · Score: 1

      Your Sally example is so stretched as to be pathetic. I honestly have a hard time imagining wanting to work in a place similar to what you describe. What's more, these sorts of work places, if they did exist, would be self-limiting for the very reasons that you point out in your example. If you offer a truly horrible work place then you are not likely to be able to recruit and keep quality people. Every time a real business has to replace a skilled worker it costs them a serious amount of money. Time is spent reviewing candidates and interviewing. More time and expense is spent training the person. The new hire is often given sensitive information that would help competitors, and learns the ins and outs of the business. It often costs a significant portion of an employee's yearly salary to replace an employee, and the employee has little guarantee about the quality of the person that they are hiring. That's why most sane businesses try very hard to retain good employees.

      So let's say that Sally's employer did exist, and that somewhere there is a company that is both desperate to recruit new talent and yet somehow so ridiculously broken that they would fire an existing employee on the suspicion that they said something negative to a prospective hire. Note, Sally didn't write in her public blog (where it could be verified) that she didn't like working at Evil Corporation. She simply steered a friend away from accepting a job offer. When pressed about the issue she could easily deny that she said anything negative, because she didn't make the suggestion to her friend in a public manner. If you work for a company that is likely to target you for termination with that sort of flimsy evidence then you are screwed no matter what you do. Tomorrow they might fire you because they don't like the color of your socks. Life is too short to work at a place like that.

      This isn't about controlling what a person thinks, it is about controlling what a person says in public. Blogs are public spaces, meant by their very nature to be read by complete strangers. You have every right to say what you want in your blog, but don't be surprised if what you write in your blog influences what your employer thinks about you.

    53. Re:It's Not About Your Rights by BVis · · Score: 1

      Your Sally example is so stretched as to be pathetic.

      Pathetic, yes. Stretched? Hardly. I have first hand experience of multiple employers that treat their employees this way. I know several people who have similar experiences.

      If you offer a truly horrible work place then you are not likely to be able to recruit and keep quality people.

      Your job market must be different than mine. Around here, the cost of living is so high that people are desperate for a job, ANY job, that keeps the mortgage paid. It's also difficult to interview when unexplained absences or changes in dress reflect negatively on your perceived quality of work, because they KNOW you're looking elsewhere. I know lots of places that have fired people on the spot once they found out they were looking elsewhere.

      Every time a real business has to replace a skilled worker it costs them a serious amount of money. Time is spent reviewing candidates and interviewing. More time and expense is spent training the person.

      Training. That's a laugh. "Here, sink or swim." And a skilled worker only costs money to replace if they hire another skilled worker to replace him/her. It's more incentive to hire some moron who'll work for an insulting salary just to fill the position.

      Note, Sally didn't write in her public blog (where it could be verified) that she didn't like working at Evil Corporation. She simply steered a friend away from accepting a job offer. When pressed about the issue she could easily deny that she said anything negative, because she didn't make the suggestion to her friend in a public manner.

      I think you'll find lots of workplaces won't split that hair. Sally got in the way of Evil Corporation's attempts to hire their chosen candidate. The fact that she didn't do it publicly ultimately only matters if the Powers That Be decide that it matters. I've seen people fired for far less.

      Life is too short to work at a place like that.

      Life is also too short to be homeless.

      This isn't about controlling what a person thinks, it is about controlling what a person says in public.

      And what I was trying to say in my previous post was that controlling what people say and do in private is a likely next step, if people can be fired for what they say in blogs that is neither slanderous nor libelous nor violates confidentiality agreements. You might think that it's ridiculous to imagine that an employer could have that much power over an employee's off-work activities, but they can already demand evidence of what's in your body (urine test). If they can claim rights to one of your bodily fluids, IMHO this isn't so far fetched.

      All I'm saying is, "Enough." Just because you pay me to work for you doesn't mean you own me.

      --
      Never underestimate the power of stupid people in large groups.
    54. Re:It's Not About Your Rights by BeatlesForum.com · · Score: 1

      I think you've misunderstood the reason that so many people got out of that line of work.

      They priced themselves out of the market. (I come from a long line of coal miners. Fortunately I wasn't one.)

      --
      When millions disappear from earth, it's not aliens, it's the rapture.
    55. Re:It's Not About Your Rights by bburton · · Score: 1
      Good point.

      However, I still must argue the point that it's still possible (although rare) that a person can meet all the standards and stay out of trouble, yet still not be promoted. For these situations, saying
      "...there are many steps of punishment prior to finally not being reccomended for retention"
      just doesn't hold up. That's where high year tenure comes in, which relates directly back to the parent story.

      I think we are agree more than we disagree. I'm from the Air Force side of the house; I'm not sure what branch you have experience with.

      However I can tell you this: the Air Force does keep people around who are borderline useless. :-)
      --
      Slashdot = ((Technology + Politics) / Trolls) % Grammar Nazis
    56. Re:It's Not About Your Rights by peachpuff · · Score: 1
      "They priced themselves out of the market. (I come from a long line of coal miners. Fortunately I wasn't one.)"

      Right, but that's not the same as charging inflated prices. They weren't charging more than they were worth (because of unions). They were really worth more than people wanted to pay for mining.

      They probably stopped being miners for the same reason you never started. You can look at it as, "Those miners demanded too much money for their work, so the poor companies couldn't employ them," but I think it makes more sense to say "Those companies demanded too much work (and risk) for their wages, so the poor miners couldn't take the job." You don't need a name ending in "Inc." to cite economic reality.

      --
      -- . . ramblin' . . .
  5. Whats so different? by Anonymous Coward · · Score: 5, Insightful
    Blogging is just a different form of communication; the same rules still apply. An employee wouldn't tell a newspaper that people should buy the company's stocks because its doing well. Same applies to blogging: say whatever you want to say about your personal life, what you ate this morning, or whom you hate so much...just don't say any sensitive info.

    duh?

    1. Re:Whats so different? by Phroggy · · Score: 1

      Same applies to blogging: say whatever you want to say about your personal life, what you ate this morning, or whom you hate so much...just don't say any sensitive info.

      Unless the person you hate so much is your boss. ;-)

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:Whats so different? by JeffTL · · Score: 1

      It's "different" because Joe Trippi and a few other blowhards had the news media going hook, line, and sinker; it's the part of the Howard Dean mania that continued past the scream.

      Gee, we've had opinion and news websites for years.

      I have an account on a journal service and never update.

  6. Well, duh. by rah1420 · · Score: 5, Funny

    My blog (full of cobwebs) are stories about me, not my employer. I'd fully expect to be fired if I told the story about

    NO CARRIER

    --
    Mit der Dummheit kämpfen Götter selbst vergebens.
    1. Re:Well, duh. by Anonymous Coward · · Score: 5, Funny

      I think you misspelled CAREER.

    2. Re:Well, duh. by Anonymous Coward · · Score: 0

      hey, I didn't know you also worked for NO CARRIER

  7. This one's easy by Capt'n+Hector · · Score: 4, Insightful

    If you've signed a NDA or any other legally binding agreement that compells you to STFU about a particular subject, then you're not allowed to talk about that subject, be it to your family around the dinner table or to the world via a blog. Seems pretty simple...

    --
    Quid festinatio swallonis est aetherfuga inonusti?
    Africus aut Europaeus?
    1. Re:This one's easy by ABeowulfCluster · · Score: 5, Funny
      And from a scene at 'Career Day' at the elementary school:

      So, what do you do?

      I'm an engineer at leading Search Engine Company.

      So.. how's your job.

      I'm sorry, but I'm not at liberty to discuss that.

      Is there any subjects people should study if they want to work at Google?

      I cannot confirm nor deny that I work at Google. As for subjects to take, I cannot divulge any technolgy which may or may not be employed in my work.

      Do you like your job?

      Sorry ma'am, don't ask don't tell.

    2. Re:This one's easy by Leo+McGarry · · Score: 1

      I don't know if this is universal, but in the jurisdictions with which I'm familiar, an NDA is not required. Any employee has an automatic and implicit responsibility to take reasonable precautions to ensure that trade secrets and other confidential information doesn't become public.

      So even if you haven't signed an NDA, you're still expected not to disclose stuff that you know to be proprietary.

    3. Re:This one's easy by Tim+Browse · · Score: 4, Funny

      Joke away, sparky - I once went to an interview like that at Logitech. We were paired off with existing employees for an informal chat about their jobs. The guy I got worked in the space eqpt division at Cambridge(?) and wasn't allowed to tell me anything about his work :).

      He did say he enjoyed it though.

    4. Re:This one's easy by gl4ss · · Score: 1

      pretty stupid nda if it prohibits from discussion stuff that is in public knoweledge, ie. not secrets.

      from what i've seen it's a pretty standard clause to be on an nda - it's _disclosure_ after all that's the d in the nda. it's not non--any-discussion-agreement, so with most of the nda's you can discuss information that's already 'out' and available from elsewhere. so you could discuss aspects of google that are common knoweledge, that they like to hire well educated people with lot of proof of talent on paper for example.

      so one could tell requirements google lists publicly for jobs(google seams to be friggin crazy about this secretness though, maybe it adds to the privilidged feeling or something. certainly they don't have that much need for it, people wouldn't care that much if it weren't for the glamour of it being secret..).

      --
      world was created 5 seconds before this post as it is.
    5. Re:This one's easy by Vess+V. · · Score: 1

      That's the first human I've heard about that's essentially failed a Turing test...

    6. Re:This one's easy by renehollan · · Score: 4, Interesting
      I once had a late stage job interviewer where the interview wanted to see samples of code I had written.

      "You're kidding, right?"

      "No, why?"

      "Well, all the code I've written for other employers is owned by them. It would be improper for me to disclose it. I have written GPL code for some of those employers, but they did not distribute binaries to me so I can't disclose that either.

      I understand that you probably want to see if I can "cut the mustard", right?"

      "Duh!"

      "Then give me a coding task that should take, oh, a week or two. I'll likely get some working code back to you in 48 hours. We can even do some refinement cycles in that week, to see how flexible I am, and how open to expandability my designs are."

      "You're hired!"

      "No review of my code first?"

      "No, not necessary! Anyone that bold must know their stuff!!"

      "O.K. Put an offer in writing. I've got a plane to catch."

      Later...

      Wife: "So, you gonna take the offer?"

      "Not unless it's so good that I could stand to work for idiots who don't even check my creds. Sheesh!!"

      Yes, I would have sent them a custom sample of code -- even assigned rights to them: they took the time and effort to fly me in and intervew me, after all: worth a KLOC or two. No, I will not work for people that don't check their final cut interview candiate's skills. I have been known to turn down jobs on the basis of the incompetence of the people interviewing me. I have been known to accept jobs precisely because the interviews were "tough" and the interviewers sharp.

      --
      You could've hired me.
    7. Re:This one's easy by dan+dan+the+dna+man · · Score: 1

      I'm not sure I'd hire anyone who lists Slashdot articles they've written in the same breath as their Masters thesis ;)

      --
      I don't read your sig, why do you read mine?
    8. Re:This one's easy by Curious+Yellow+82 · · Score: 1

      Maybe you were bloody annoying, he'd had a long day and he didn't want to talk to another logitech moron who can't make a decent wireless mouse, due to which he had to talk to some retard at tech support for three hours to get his mouse to work which ended up in him missing his lunch hour and the HOOKER he's paid for in advance who was going to show up in the office toilet wearing a rented leather catsuit, i hate you fucking tech support bastards and I want my money back!

      --
      Curious Yellow - getting all Grammar Nazi on the asses of punk bitches since he learnt to spell.
    9. Re:This one's easy by renehollan · · Score: 1

      There are plenty who would and prefer demonstration of a more "pedestrian" writing style. The speech recognition articles I co-authored, in particular, are in "PHD-ese".

      --
      You could've hired me.
    10. Re:This one's easy by Curious+Yellow+82 · · Score: 1

      Dude, you should make a geek funded version of Good Will Hunting!

      --
      Curious Yellow - getting all Grammar Nazi on the asses of punk bitches since he learnt to spell.
    11. Re:This one's easy by Old+Man+Kensey · · Score: 1

      The joke among my friends who worked among military contractors was that the answer to any question from a non-cleared person was "I can neither confirm nor deny the presence or absence of truth or falsehood in that statement or any other."

      --
      -- Old Man Kensey
    12. Re:This one's easy by Tim+Browse · · Score: 1

      With the what now?

    13. Re:This one's easy by Curious+Yellow+82 · · Score: 1

      Sorry, having a bad day at the office and tech support! Hmmm, maybe I should add this to my blog?

      --
      Curious Yellow - getting all Grammar Nazi on the asses of punk bitches since he learnt to spell.
  8. The problem is not a lack of trust, but by Anonymous Coward · · Score: 5, Insightful

    lack of common sense by the blogger.

  9. Family repercussions to be considered too by saskboy · · Score: 4, Insightful

    The possibility of having one's blog data mined by identity theives, or your family's enemies is something to keep in mind when writing too. If you wouldn't want your Grandmother discussing what you're talking about, it's probably a better idea to vent verbally to a friend [as long as you don't know Linda Tripp], than to put your rant into writing for potentially hostile people to read.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
    1. Re:Family repercussions to be considered too by Turn-X+Alphonse · · Score: 1

      I have to disagree in some ways... if you use a nickname and never mention surnames or location then you should be fine.

      "Today Dave slept with Mellisa! I was like OMG!" is totally open ended and really doesn't matter... where as going "Bill Davis at Microsoft HQ in China said Bill Gates is gay" on the other hand is going to matter.

      As a rule of thumb I always shortened my surname to 1 letter in E-mail addresses (AKA from : Stephen M) and I never mention anything except the shire (state in effect). That way even if someone wants to "get me" all they have is *shire and Stephen M.. which gives you nothing since I have all my phone number and such not in public listings :)

      --
      I like muppets.
    2. Re:Family repercussions to be considered too by Anonymous Coward · · Score: 0

      Don't forget Doug Wead.

      While I think it's hilarious that Bush has gotten busted on the use of a drug (even if it is a relatively harmless one), this guy's a total dick.

  10. Rules by orangeguru · · Score: 4, Insightful

    1. Never fuck anyone from the office.
    2. Never blog about your work either.

    1. Re:Rules by Anonymous Coward · · Score: 0

      3.Never use copy machines to diagnose Anal warts.
      4.Never mistake your boss for your wife's boyfriend.

      (Posting Anonymously, as I gotta follow rule #2, dammit!)

    2. Re:Rules by bonch · · Score: 2, Insightful

      These rules are common sense to you and me. But apparently to some, this story belongs in the Your Rights Online category. Sorry, but I don't have the "right" to bitch about my company publicly and then expect to keep working there. Sigh.

    3. Re:Rules by flyingsquid · · Score: 4, Funny
      1. Never fuck anyone from the office. 2. Never blog about your work either.

      Waitaminit- are you saying I should NOT have used my blog to post photos of me and the bosses' daughter at it on top of the copy machine?

    4. Re:Rules by glomph · · Score: 1, Funny

      Rule number 3: Don't get caught breaking rule number 1 or rule number 2!

    5. Re:Rules by FLEB · · Score: 1

      Well, many people think they have the right, online, to bitch about their company. Others know that legally, they don't have that right. Since the topic regards having rights, online, affirmative or no, the topic is quite well suited to YRO.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    6. Re:Rules by FLEB · · Score: 3, Insightful

      Others know that legally, they don't have that right.

      Clarification, before 2 or 3 people call me on something I am aware of: Yes, I know that you do have the right to talk about your work (barring NDA/Trade Secrets), but you don't have the right to duck reprocussions.

      (Editor's note: The remainder is just a rant, and mostly unrelated to the topic at hand. Read at own risk.)

      Personally, I'd be happy if business owners and stockholders would stop being such profit-hungry, penny-pinching assholes, and have a little pride and recognition for their workforce. That, unfortunately, is not an option for many in landscapes where it's in both the interest and the power of the "big players" to make crunchy bits of anyone who doesn't want to play that hard of hardball.

      Still, though, I'm really suprised that nobody's stepped up to the plate to advertise that "We might cost more, but we're not evil". Saturn tried that in the '90s, but they kind of fizzled out. I want to see someone take off the gloves. Start naming names and calling people out. Go at it with all the vitriol and spite of a mudslinging political campaign.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    7. Re:Rules by kinema · · Score: 3, Funny
      3. Definitely never blog about who you fuck in the office.

      Obligitory Seinfeld reference:
      In the boss' office.

      Boss: I'm going to get right to the point. It has come to my attention that you and the cleaning woman have engaged in sexual intercourse on the desk in your office. Is that correct?

      George: Who said that?

      Boss: She did.

      George: Was that wrong? Should I have not done that? I tell you I gotta plead ingnorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frouned upon, you know, cause I've worked in a lot of offices and I tell you peope do that all the time.

      Boss: You're fired.
    8. Re:Rules by ucblockhead · · Score: 4, Funny

      No. Using the copy machine for personal purposes is almost certainly against company policy.

      --
      The cake is a pie
    9. Re:Rules by HeliumHigh · · Score: 0

      You're posting on slashdot... from the looks of it, a while. Since when have you so much as seen a girl? No, mothers do not count. Neither do .jpgs.

      No, pngs don't count either!!

    10. Re:Rules by Anonymous Coward · · Score: 0
      1. Never fuck anyone from the office.

      Unless you are the president.

    11. Re:Rules by Anonymous Coward · · Score: 1, Funny

      But he's servicing his boss's daughter. Depending on what she looks like, he could be "taking one for the team," as the saying goes.

    12. Re:Rules by Anonymous Coward · · Score: 0

      tiffs?

    13. Re:Rules by Oyume · · Score: 1

      3. never blog about anyone you fuck from the office
      4. never fuck with anyone you block about from the office

      5. never fuck about with anyone you blog from the office
      6. never blog with anyone you fuck about from the office

      7. Don't fuck n blog.

    14. Re:Rules by Anonymous Coward · · Score: 0

      I don't have the "right" to bitch about my company publicly and then expect to keep working there.

      Of course you do. You absolutely have the right to bitch about your company publically and then expect to keep working there.

    15. Re:Rules by TopShelf · · Score: 1

      Your sig says it all - people know which companies are "evil" and which are not, but low prices tend to overrule any other concerns over time. If people actually cared about such things, they'd be willing to pay more - but experience has proved that they don't.

      --
      Stop by my site where I write about ERP systems & more
    16. Re:Rules by Anonymous Coward · · Score: 0

      Apparently, the quotation marks eluded you. Next.

    17. Re:Rules by Vess+V. · · Score: 1

      1. Never fuck anyone from the office.

      You don't have much to worry about here....

    18. Re:Rules by Shazatoga · · Score: 2, Insightful

      He said never fuck anyone from the office. As long as she dosen't work there it's all good.

    19. Re:Rules by Anonymous Coward · · Score: 0

      Apparently, you think that the quotes do something other than mock the people calling this a right. Learn English.

    20. Re:Rules by Guppy06 · · Score: 1

      Well, considering the fact that she's only 14...

    21. Re:Rules by RubberDogBone · · Score: 1

      When a lot of us are spending long hours at work, that limits the number of people you can meet offwork. Work relationships that become personal are going to happen and there isn't anything inherently bad about that.

      And the boss doesn't need to know either.

      I was dating a coworker for a while and it was common office knowledge. It was a fairly intense relationship; went to lunch together, arrived at work in one car, went home together, that sort of thing.

      My boss eventually took me aside and tried to "warn" me about the young lady in question, not because it was affecting work but because the boss considered the employees as her extended family and she felt that justified playing the "concerned mom" role. She just didn't approve of my girlfriend's morals.

      Now THAT was improper. Nobody's business who I am seeing or what happens in our private lives.

      In the interest of continued employment, we did tone down the relationship in the office but it had no impact on us otherwise. My significant other eventually left for a better job and that ended the boss's problems.

      What about worrying when the boss doesn't like it when you date coworkers? Well, what's to stop them from not liking who you date away from work? Suppose you are married and the boss doesn't like your spouse or the color of your car or house?

      At some point you have to persue what is right for you and not worry about the boss. There is always another job and I'd hate to work for someone so petty. Love matters a lot more to me than my job.

      As far as blogging about work, I do that but I never, ever mention company names or enough specific details to identify anything. For example, "Server Prod14 was hacked tonight, totally goners. The MIS support staff had to get out of bed to come fix it and management is pissed." was blogged as "Man, it's a bad night at work. Why do computers break at 3:00AM?"

      --
      Sig for hire.
    22. Re:Rules by Ricwot · · Score: 1

      What about the rising market (at least in Britain) for "Fair Trade" goods, where farmers are paid artificially high prices for coffee etc. and the products are charged at a premium because of this?

    23. Re:Rules by Anonymous Coward · · Score: 0

      This is slashdot...I don't think rule #1 is of any relevance.

  11. policy? by csimicah · · Score: 5, Insightful

    This isn't kindergarten... nobody should need a 'policy' to tell them that if they badmouth their employer in public (or otherwise reflect badly on them), they're not going to be welcome at work for much longer.

    It's called 'biting the hand that feeds you', and it's never a particularly smart idea.

    1. Re:policy? by cheekyboy · · Score: 1

      Just like soviet russia and nationalistic parties germany, 'you must love your leaders or you vill die!!'

      Ive always said corporations are just like mini communist nations, non-elected leader with its circle of generals and its spies.

      --
      Liberty freedom are no1, not dicks in suits.
    2. Re:policy? by Anonymous Coward · · Score: 0

      You know, that's a very good analogy. Biting the hand that feeds you. You realize that it refers to pets and masters, right? Irony is fun.

    3. Re:policy? by Anonymous Coward · · Score: 0

      It's called 'biting the hand that feeds you', and it's never a particularly smart idea.

      Where there goes my idea of Mistress Domintrika's Daily Blog.

    4. Re:policy? by M.C.+Hampster · · Score: 3, Insightful

      Ive always said corporations are just like mini communist nations, non-elected leader with its circle of generals and its spies

      Wow, you're right. They are so smiliar. Heck, they are pretty much the same thing. Oh yeah, except they can't execute you. Oh, and they pay you for all the work you do for them. And you can leave the company whenever you want, while many communist nations will severly punish those trying to escape. Yeah, other than that, they are totally the same!!!1one.

      --
      Forget the whales - save the babies.
    5. Re:policy? by nbert · · Score: 1

      IMO an employee should have the same rights as someone who is working for him. Just think about it: How is a world supposed to work where everybody is forced to keep you on the payroll regardless of those things you might do in order to harm your company?

      I also think there should be only a few exceptions where firing should be forbidden by law. Just one example from an ex-national-socialist country (Germany): Over here they recently ruled that a (female) mall employee can't be fired for wearing a headscarf. Sounds like a great victory for those who intend to wear one, but actually the opposite is true, because every employee who wants to avoid such behavior will simply not hire any women being muslim anymore.

    6. Re:policy? by tomstdenis · · Score: 1

      They certainly can execute you. Ever heard of "blackballed"?

      If you piss off an unethical boss for whatever reason (which can include being an ass or simply not being an ass like your boss depending) they can make getting another job hard.

      While yeah, "defamation" is illegal it's a mess that is hard to clean up. Most companies don't want to hire people that are "high maintanance" or come with "baggage".

      So getting a negative reputation [whether fully deserved or not] is a really awkward and hard thing to deal with.

      Aside: And fuck you CSE, like I wanted to work for the man anyways! "Not qualified" that's fancy talk for not "quebecois" enough!!!

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:policy? by Brandybuck · · Score: 1

      Not just Soviet Russia and Nazi Germany, but EVERY group acts this way. Don't make waves or you will be asked to leave, even in the most enlightened of organizations.

      An unincorporated (as in not a corporation) mom-n-pop shop will fire you if you right an editorial about mom being a whore. A government bureaucrat will fire you if publicly dispute the policies he is implementing. Even a tenured professor can get ousted for embarassing the university.

      Tell the world that Linus can't code his way out of a paper bag, and expect your linux patches to be summarily rejected. Why would you expect otherwise?

      --
      Don't blame me, I didn't vote for either of them!
    8. Re:policy? by Anonymous Coward · · Score: 1, Insightful

      nobody should need a 'policy'

      For practically every "unwritten rule", there are grey areas where one person might think that something is okay, and another person might not. Also, even if something is wrong in the eyes of everybody, people can and do have differing ideas about what the consequences should be.

      This is the reason policies, laws, contracts, etc, are written down. Nobody should need a "law" to tell them murder's wrong, but we need them anyway. Nobody should need a "contract" to tell them to uphold their end of a bargain, but we need them anyway. And nobody should need a "policy" to tell them what is permissible wrt. weblogging, but we need them anyway.

    9. Re:policy? by ShieldW0lf · · Score: 1

      Sounds like a great victory for those who intend to wear one, but actually the opposite is true, because every employee who wants to avoid such behavior will simply not hire any women being muslim anymore.

      Sounds like a pretty sure fire way to end up in jail to me.

      --
      -1 Uncomfortable Truth
    10. Re:policy? by Anonymous Coward · · Score: 0

      simply not hire any women being muslim anymore.

      Sounds like a pretty sure fire way to end up in jail to me.


      Or a visit from your friendly neighborhood dynamite belt wearin "kill the infidels!" yahoo.

    11. Re:policy? by laughingcoyote · · Score: 3, Interesting

      Please don't tell me that a corporation "feeds" me. I make them a fair trade-I do my work for them on their terms for a certain number of hours a day, and they pay me a set amount of money for those hours. Once I go home, they are not obligated to continue paying me for the hours I spend there, so why should they have any say in what I say or do with them?

      --
      To fight the war on terror, stop being afraid.
    12. Re:policy? by kz45 · · Score: 1

      Ive always said corporations are just like mini communist nations, non-elected leader with its circle of generals and its spies

      non-elected? the people at the top are the people that either:

      1) originally created the corporation or
      2) have been voted into the position by the sockholders

      unlike a communist nation, you can leave whenever you want, decide not to enter the nation, or even create your own nation.

    13. Re:policy? by M.C.+Hampster · · Score: 1

      Yeah, cause "blackballed" == execution. Thanks for proving my point.

      --
      Forget the whales - save the babies.
    14. Re:policy? by Anonymous Coward · · Score: 0

      It's called 'biting the hand that feeds you', and it's never a particularly smart idea.

      How quaint. How pithy. Fuck off.

      If the hand that feeds turns into the hand that fights, and the hand that fights won't correct its unacceptable behavior, then it's hoped that by drawing attention to the company on a blog something productive will be done to remedy the situation.

      Where is the Rule to End All Rules which states the company is always right?

      Support the guy and his blog. The courts should pan fry the company, send them to bankruptcy court, and give the guy a several million dollar settlement straight out of the CEO's pocket.

    15. Re:policy? by csimicah · · Score: 3, Interesting

      They certainly don't have any say in what you do at home.

      But them continuing to employ you is a courtesy, kind of like you refraining from slurring them online is a courtesy.

    16. Re:policy? by Fjandr · · Score: 1

      Don't insert logic into a rant about the evils of the right to associate (or not associate)!

    17. Re:policy? by Ohreally_factor · · Score: 1

      I don't think you understand the word Tenure in this usage. Outside of incompetence, gross misconduct, or financial necessity, a college or university can't fire a tenured professor for criticizing the college or university.

      Incompetence means that they do not understand their subject.

      Gross misconduct could be a number of things, from a sex scandal to reckless endangerment of students to physically assaulting the dean.

      Financial necessity means that the college or university can no longer afford to pay it's staff, so they begin cutting positions.

      I don't know whether there are laws that govern this (there might be in state universities), but it's part of the traditions of academic freedom. If a college or university didn't uphold these traditions, they wouldn't be in operation very long.

      --
      It's not offtopic, dumbass. It's orthogonal.
    18. Re:policy? by Ohreally_factor · · Score: 1

      If you go to work for a start up, don't make the mistake I did, and negotiate for sock options in lieu of compensation. On that note, check my ebay auction for unmatched socks. I'm selling them for pennies on the dollar.

      --
      It's not offtopic, dumbass. It's orthogonal.
    19. Re:policy? by EvilStein · · Score: 1

      I think that they just turned it into another issue for bloggers to whine about. I mean, after all, they're the Time Magzine "People of the Year!" How can you fire the "People of the Year" for doing what made then the People of the Year. When that "award" was given out and the issue published, I pointed out that it'd inflate the egos of a lot of people. It did, and now some of them are confused when they lose their jobs.
      Let's not forget the "Bloggers Bill of Rights."
      Please. There are far more important things deserving a "Bill of Rights" in the workplace.

      I'm still baffled as to how anyone that sits there and bitches/divulges secrets/etc about their company can be shocked when they get fired.

    20. Re:policy? by MrBlackBand · · Score: 1
      they can't execute you
      There have been cases of whistleblowers dying "suspiciously".

      they pay you for all the work you do for them
      I know people who work for a company that forces them to complete their work before they can go home. Off the clock, of course (don't want to pay overtime and all that). Why can't they complete their work on time? Because of the wonders of downsizing two people now do the work of ten.

      you can leave the company whenever you want
      Not if you like living indoors. Or eating.

      --
      "It is difficult to get a man to understand something when his salary depends upon his not understanding it."
    21. Re:policy? by nbert · · Score: 1

      Ok, I should have written "because every employer who..."

      I'm sorry for that.

  12. Expect this to get modded down by Anonymous Coward · · Score: 0

    It's currently at +3 Insightful as I write this, but wait until the whiney victim mentality modders get their hands on it. To them, everything is an attack on your "rights" and your "freedoms." It's a sense of entitlement that has no basis in reality.

  13. Public discourse by BWJones · · Score: 4, Insightful

    The problem of course is that blogs are accessible world wide and can potentially reach a much larger audience than if you were simply talking to friends about how crappy your company is. To some extent, the fired employees deserve some of the blame as they would have to realize the potential implications of posting the information they did, but this IS the problem with technologic advancement. There are always teething problems associated with new technologies being used within existing methodologies and communication paradigms. The trick is, always be careful of what you say and be willing to take the heat for it......even if it is on a personal blog that might be accessed by hundreds, or thousands of individuals. I am always amazed at the traffic my blog receives for a non-commercial ( I would rather keep it commercial free), personal site. Articles like my What is the iPod are some days getting a hundred hits or more from all over the world, so one should expect that some attention may come your way even with what you may consider minor posts.

    --
    Visit Jonesblog and say hello.
    1. Re:Public discourse by Deliveranc3 · · Score: 1

      Um those are called spam bots.

      I hope you have good protection against comment spam.

    2. Re:Public discourse by BWJones · · Score: 1

      Um those are called spam bots.

      Ummmm, there are those as well. If I included those in my accounting, we would be closer than 200 or more/day. On days Macsurfer posts a link to a story I write or when some of the better known bloggers post a link to my site, the number of visits can soar to a thousand or more with hits being much greater than that. It was actually almost scary how fast the search bots started crawling the site when it first went live and now they bring up search requests within a day in most cases of posting a story.

      I hope you have good protection against comment spam.

      I specifically avoided allowing comments to be made within the blog because 1) I did not want to deal with comment spam (although there are some new tools with WordPress that help with commentspam) and 2) I barely have time to respond to the email comments/questions I receive for questions to the site in light of my research/work.

      --
      Visit Jonesblog and say hello.
  14. Alternative power resource. by adolfojp · · Score: 3, Funny

    Before we continue with this discussion, I propose that we wrap Jefferson's remains in a dynamo. Then, when he starts rolling around in his grave, we can all benefit from this endless free power resource.

    Cheers,
    Adolfo

    1. Re:Alternative power resource. by Leo+McGarry · · Score: 5, Insightful

      Um. Before you continue this discussion, I propose that you spend a little time reading what Mr. Jefferson actually wrote. Then you might realize that if he were here today, he'd say that the constitutionally guaranteed freedom of speech is not a get-out-of-jail-free card. The fact that the government does not prohibit you, or anyone else, from saying whatever you want doesn't mean that your words won't have consequences, consequences up to and including the loss of your job.

      Jefferson was a lot bigger on personal responsibility than you seem willing to give him credit for.

    2. Re:Alternative power resource. by Turn-X+Alphonse · · Score: 1

      Wasn't he the guy who said all men were equal then kept slaves?

      *Waits karma to drop majorly*

      --
      I like muppets.
    3. Re:Alternative power resource. by mickyflynn · · Score: 2, Insightful

      Nearly all the founding fathers made statements like Patrick Henery's "it is the desired goal that all citizens on a gun and know how to use it." Washington remarked about the delights of sitting on his porch at Mt Vernon smoking "cannibus cigarettes." Even the ones people like to quote against religion were really just against state-forced religion, and actually thought that society couldn't survive if people weren't to act within the traditional constraints of morality.

      However, lefties like to harp on this "freedom of speech" thing as if it were some sort of cart blanche to say whatever the fuck they want to, but it doesn't apply to those "ignorant redneck racists." Then the righties go on about the "freedom to keep and bear arms," ignoring the fact that the purpose was that we are all supposed to be armed because we are not supposed to have a standing army. World War II changed the way we do business in the world. However, I absolutly believe a citizen's militia is the best way to maintain order. It certainly gives disciplin and everyone one knows everyone else is packing at home, so there is less insentive to burgalarize.

      Then, lefties pick on the "freedom of religion" and try and say we are supposed to be a secular society with freedom FROM religion. The writings of the founding fathers don't say that AT ALL. But the fundimentalist christian right gets it wrong too, because they don't say people should be forced into a religion. Just that we have certain moral values which need to be upheld.

      The moral of the story is, the founding fathers were about personal responsibility. There is enough rope to hang yourself from either end, you just have to know how not to. That's why the vote was restricted and we are not a direct democracy. Not everyone is capeable of the same things as eveyone else, and that includes that task of picking leaders. Here both sides will say "yes, just look at (Clinton, Bush) as evidence of that!"

      I've read the Constitution, Declaration, amendments, et cetera, hundreds of times. I've read the fouding father's other works (several of them, anyway). Honestly, I believe other people should do the same. Really, I think we need to have citizenship classes like we used to, to teach people WHY it is we do the things we do as a society and why they are important. Then people can be trusted to vote and shit -- once they know why, not because poltician x said y and it sounds dandy to them.

      I'm 20. I could have voted in the last 2 elections (president and a congressional midterm election). However, I have not put in my military service and don't believe i have earned citizenship. Naturalized citizens know more than most native-born types.

      Also, I am currently a card-carrying mail-recieving member of the USA Socialist Party and the Constitution Party. I'm fairly active with College Republicans and hang out with amnesty international hippies. I don't really have politics except that I love America, I am proud of it, and that's that. Quite frankly, party-fighting is about as stupid as sectarian violence. If people looked at the intentions, as written, of the founding fathers, they would see that neither party is actually good for this country. And neither the liberals or conservatives have a handle on reality.

    4. Re:Alternative power resource. by stratjakt · · Score: 1

      If by "kept" you mean "raped", yes.

      I get really tired of the sanctification of the founding fathers. Sure they had a few good ideas, but if you really look into the men themselves, they were as weak and corrupt as any who've followed them.

      --
      I don't need no instructions to know how to rock!!!!
    5. Re:Alternative power resource. by a+rabid+platypus · · Score: 1

      Agreed. In fact, freedom of speech was considered by the founding fathers as necessary to facilitate personal responsibility. Many of the founding fathers would feel that if your job was treating you or your co-workers badly that it was your personal responsibility to speak up. The freedom of speech protects you from criminal consequences, but does not protect you from personal consequences. With that being said it becomes a matter of deciding whether or not losing your job is less important than speaking out against injustice. If the situation were ever to happen to me, I hope I will choose my ethics...

      However, I can't really say for sure how I would behave in that situation. Hopefully, I'll never have to make that choice.

    6. Re:Alternative power resource. by adolfojp · · Score: 1

      Before you keep pulling the trigger, perhaps you should re read what I wrote. My comment meant to say that Jefferson's name would be used in many posts. And that he would roll around in his grave because his words would be taken out of context or used innapropiatelly. People like to put words in dead peoples mouths you know, and the dead cannot defend themselves easily.

      Cheers,
      Adolfo

    7. Re:Alternative power resource. by myowntrueself · · Score: 1

      And if only *they* had kept blogs, maybe there'd be no united states of america today...

      --
      In the free world the media isn't government run; the government is media run.
    8. Re:Alternative power resource. by Anonymous Coward · · Score: 0

      You don't know what you are talking about. The "lefties" never defend freedom of speech? You must also like the delights of cannibus cigarettes. Look up any 1st amendment case involving the Klan or similar organization and who is representing them? that ultra right wing group the ACLU.

      As for religion, it is not about freedom of religion when a government organization flirts with religion, it is about the establishment clause. Read the Constitution before GW buries it with the dinosaurs.

      Of course, that assumes you accept that stupid theory.

    9. Re:Alternative power resource. by Anonymous Coward · · Score: 0

      Unfortunately, you provided no evidence or proof for your statements. I call bullshit.

    10. Re:Alternative power resource. by Farmer+Tim · · Score: 1

      "...and the dead cannot defend themselves easily."

      A sentiment immortalized in the song "Dead Girls Don't Say No", proving freedom of speech is a double edged sword.

      --
      Blank until /. makes another boneheaded UI decision.
    11. Re:Alternative power resource. by Anonymous Coward · · Score: 0

      Jefferson!!?

      What the blazes are you, some kind of educated person?

      Reading Slashdot?

      Well I'll be go to hell.

    12. Re:Alternative power resource. by Esion+Modnar · · Score: 1
      doesn't mean that your words won't have consequences

      You don't tug on Superman's cape, you don't pee into the wind, you don't pull the mask on that old Lone Ranger, and you don't mess around with Jim. (Wish I could remember who did that song...)

      There's stupid, and then there's stoopid.

      --

      They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
    13. Re:Alternative power resource. by Leo+McGarry · · Score: 1

      Okay. I'm sorry I misunderstood, but in all fairness your post was unclear. It made perfect sense to interpret it as your meaning that Jefferson should be spinning in his grave because some bloggers got fired.

      I jumped the gun, but I think it would have been cool if you'd been more clear.

      Penalties cancel out, return the ball to the line of scrimmage and reset the clock.

    14. Re:Alternative power resource. by dvdeug · · Score: 1

      If people looked at the intentions, as written, of the founding fathers, they would see that neither party is actually good for this country.

      Why? I find it amazing that this mottly group of people who strongly disagreed on many points, many of whom were for slavery and held many other opinions that are unanimously decried nowdays, are held to have somehow been omniscient leaders who set up a perfect governemnt from the start if we would have only paid attention.

      And neither the liberals or conservatives have a handle on reality.

      Yeah, whatever. Calling your opponents nuts, that's a stunt you pull in debates when you have nothing better.

    15. Re:Alternative power resource. by taffer1979 · · Score: 1

      Josh Turner "You Don't Mess Around With Jim"
      http://www.lyricscafe.com/t/turner_josh/youdontmes saroundwithjim.html

    16. Re:Alternative power resource. by Anonymous Coward · · Score: 0

      Kids today. Yeesh.

      Jim Croce, "You Don't Mess Around with Jim."
      http://www.superseventies.com/spcrocejim2.h tml

    17. Re:Alternative power resource. by taffer1979 · · Score: 1

      My mistake, I did a google for it and took the first result.

    18. Re:Alternative power resource. by Leo+McGarry · · Score: 5, Insightful

      If people looked at the intentions, as written, of the founding fathers, they would see that neither party is actually good for this country.

      No offense, but that sounds like pretty typical college-student blah-blah. I say that as somebody who, when I was 20, spouted exactly the same kind of nonsense.

      Clue #1: You are not the first person to read our nation's heritage documents. We've all read them. We all know that the founding fathers envisioned a much different country from the one we live in. But we also know that the founding fathers recognized, above all else, the limits of their vision. The Constitution isn't inscribed in stone. It's a living, changing document. The process for amending it is strict, but straightforward. It was intended from the start to be a document that could adapt to changing times and changing situations, not one that would be so rigid that it might someday have to be thrown out.

      The Constitution, in other words, was meant to last forever. And so far, it's done very well.

      Clue #2: We no longer live in an agrarian nation of a few hundred thousand people scattered from Georgia to New York. Our situation is neither better nor worse, objectively, though different people have different opinions. But our situation has changed, drastically. Merely looking at documents written in the 18th century and concluding that things are different today is not insight, and it's not wisdom.

      Clue #3: What you euphemistically refer to as "citizenship classes" went by some different names in older days. We called it "slavery" and we called it "male suffrage." Blacks weren't allowed to vote because they were considered property. Women weren't allowed to vote for basically the same reason. I think you'd be hard-pressed to find anybody who would say with a straight face that it's a great idea to go back to the days before universal suffrage.

      Bottom line: You sound like a nice kid, but I think you've read Starship Troopers too many times. Recognize the limits of your understanding. Remember that the people around you, both your peers and those who were born before you, are not idiots, and that we do things for good reasons. And above all, try to be a little more humble. You don't know half of what you think you know, and you don't know a tenth of what you'll think you know at 30. You're just getting started. you've got a long way to go.

    19. Re:Alternative power resource. by Anonymous Coward · · Score: 0

      Translation: I've already sold out, so now I feel incumbent to play the old man on the hill.

      Clue 1: Our nation's heritage documents were written by several different people, each with their specific concerns. Compromises had to be made to accommodate, and sometimes those compromises weren't the most well conceived. At times, the documents are contradictory, but that shouldn't stop you from reflecting on them and adding your own flavor to the principles laid out.

      Clue 2: If some dolt tells you the ideas of Voltaire isn't relevant to the world today, he wouldn't know wisdom if it bit him on his ass. The more people change, the more we stay the same. The best of philosophy realizes this and tries to adapt itself to a universal truth instead of the fashions of the age.

      Clue 3: Blah Blah Blah.

      History is generally made by the young uprising against the established mores of the previous generation. Sometimes it's better, sometimes it's worse. It's a learning process. Learn from our mistakes. As the proverb goes: Our traditions were established for us in our age, not you in yours.

      And especially learn to see through the bullshit of those who have given up the fight.

    20. Re:Alternative power resource. by Guppy06 · · Score: 1

      Jefferson was kind enough to point out that, at least before the Fourteenth Amendment (well after his death), there was nothing in the US Constitution that prevented state governments from "abridging the freedom of speech." His main qualm with the Alien and Sedition Acts were that they were federal laws. He actively pursued anti-speech laws at the state level and used them to his advantage in shutting down newspapers and publications put out by the other party.

    21. Re:Alternative power resource. by mickyflynn · · Score: 1

      by citizenship classes, I mean classrooms where people sit and learn. not castes.

      As for Starship Troopers... well, I will openly admit to being a fascist. I do not believe in Democracy. I don't think people who are unwilling to put in their service on front have a right to decide when we go there. I think there are certain levels of decorum which ought to be required of citizens. I believe cultural unity fosters cooperation. I believe economics are a zero-sum game and capitalism is stupid (mercantilism seems more right to me). I believe there was absoultly nothing wrong with the world under Augustus and it should be emulated as the highest point in history.

    22. Re:Alternative power resource. by Anonymous Coward · · Score: 0

      > The Constitution, in other words, was meant to last forever. And so far, it's done very well. ...if you're rich.

      damn. It does work.

    23. Re:Alternative power resource. by Herbmaster · · Score: 1

      As for Starship Troopers... well, I will openly admit to being a fascist. I do not believe in Democracy.

      Holy Godwin's law, Batman! Is there precedent for this sort of invocation of Godwin's law?

      --
      I'm not a smorgasbord.
    24. Re:Alternative power resource. by mickyflynn · · Score: 1

      Nazi's aren't fascist. There are fascist eliments. But perhaps, it's clearer to say that fascism is not nazism. It's not a racial issue, it's a nationalism issue. And in America, it doesn't matter if your Irish, Italian, Mexican, or Japanese -- you're still American. For instance, just because everyone in China is Chinese doesn't mean I hate Chinese people for being anti-China. However, it is an easy mistake to make. By Fascism I really just mean a regression to Roman Empire. Fasces were a symble of authority in Rome inherited from the Etruscans. Hell, there are fasces either side of the rostora in the House of Representatives. The goal of all politics is power. I just have no shame in saying so. But I am staying out of politics all together, so what I believe is of no concern.

    25. Re:Alternative power resource. by artefactual · · Score: 1

      really! you didn't vote? gonna use up some of my karma here by telling you that you're a both moronic and idiotic. I hope there's nothing your government has done for you to complain about, becasue to my way of thinking you have no right. yes I'm not a citizen of your fine country. Australia suits me fine.

    26. Re:Alternative power resource. by mickyflynn · · Score: 1

      No, I have nothing to complain about. I really don't "care" about the war. I'll support any war for any reason, so long as we win it. My only issue is we are fighting like gimps instead of razing towns to the ground and salting the earth. I'm joining the army after I graduate college next year. I'll vote after then.

    27. Re:Alternative power resource. by artefactual · · Score: 1

      well let's all hope for a friendly fire incident. really it is attitudes like yours that make the rest of the world generalise that americans must be insane. I'll finish with a quote, which you'll probably ignore because it's from a Frenchman, I havent seen much good come from the actions of the USA lately. "America is great because she is good. If America ceases to be good, America will cease to be great." ~ Alexis Charles Henri Clérel de Tocqueville (1805-59) French politician, traveler, historian, Democracy in America

    28. Re:Alternative power resource. by mickyflynn · · Score: 1

      I love France. I hate Paris. I really, honestly, truely, hate Paris. It is filthy and crowded. The people are rude and the cops started a fight with me at Jim Morrison's gave (I assure you I did nothing to instigate it-- merely lit a candle). In 1975 my mother got free dental work in France because her father had fought in the war.

      It doesn't surprise me that France stayed out of the war. I was in Paris in June of 2001. In front of that huge-ass train station on the left bank were a shit tonne of Arabs with Saddam Hussaine tshirts and flags, all with these smiely visages of that fucker, and they were having a pro-Saddam rally. Chirac and he used to be good buddies back in the 1970s. France sold Mirage 2000 fighter jets to Iraq which were summarily destroyed durring the first gulf war by the US Air Foce and Navy.

      Still, France is lovely. And I admire Tocqueville and La Feyette. And Napoleon.

      I'll make one more attempt to explain my possition: There is an old saying "My country - may she always be right, but right or wrong - my country!" I am willing to do my part for what I believe is right. Same as the German Wermacht soldiers in World War II fighting for their country, or the Viet Cong in the 60s. There is an honour and nobility in war which is lost in other businesses. They have no redeeming value. "Greater love hath no man than this, that a man lay down his life for his friends."

      As for what good as America done lately? We removed two oppressive dictatorships. Libya gave up its nuclear material. Israeli-Palestinian peace negotiations seem to actually be getting somewhere now, and Lebanon is throwing Syria out and demanding elections. We didn't even have to smack anyone knew for that! Sure, some people died. In the long run, so what? People were going to be murdered under the Taliban and Saddam. Now we have gotten rid of them, created two new democracies (which you think is good. i honestly am not sure), concentrated the terrorists in one place and can fight them far away from home.

      The enemy is not one that is going to sit down and sign an armastice. They will stop at nothing until they are all dead or all the world is under Islamic theocracy. Including Australia. Why you don't recognize that they need to be fought is beyond me. This is for the survival of the western way, more than it is about retirbution for september 11. By the way, I lost a cousin who was a firefighter in that. My mother lost 54 people from her Parish she grew up in, and a number of friends from when she worked on Wallstreet. My dad's an airline captain. he saw the plane crash into the Pentagon. He knew the pilot of the plane which crashed into Pennsylvania. So yes, it's more than just a little personal for me. Plus, everyone from my ancestor Dawes (a rider with paul revere) to my dad's dad at Pearl Harbour (navy officer/pilot) to my mom's dad in the battle of the bulge, has served. It is tradition. it is my duty. My dad tells some stupid story about allegedly trying to sign up for vietnam. I don't believe it and I think he's a pussy for it and don't respect him for not going. I will not NOT serve myself. If I do not, I cannot expect anyone to do it for me, even when we have a war in the future which will be more clear cut. It will probably be against China or DPRK. And when they come swooping down towards Australia like the Japanese did, don't then bitch that you need the Americans to come save your ass. Australia sure as hell can't stand up to China. So don't bitch about me fighting this war, 'cause you might need us to fight for you again.

    29. Re:Alternative power resource. by artefactual · · Score: 1

      I'm against making war, needlessly and unjustifiably. Participating as a mindless drone, you offer a very good example of this, the Wermacht. You win. I can't fight unreasoning dogma.

    30. Re:Alternative power resource. by mickyflynn · · Score: 1

      Had I been Viet Namese, I'd have joined the Viet Cong, probably, not cause I'm a commie but to get others out. Hell, i'd have probably have wanted to join the SS had I been German just to prove to others I was "the best" and do my part for my country. Of course, the brainwashing... as himler said, the party is the the state. the fhur is the party. the fhur is the state.

      See, I believe war for conquest is justifiable. In fact, I think its really the only pure motive. Everyone thinks Caesar was great, or Alexander. They sure as hell weren't "liberating" anything. People are all greedy savages and it's in our nature to do such things.

      I am not a mindless drone. I know "right from wrong" and all that shit. I just said I'd do it anyway, because my personal values favour things which mean I must. The only virtue is service. Glory is had through virtue. Crassus was the richest man in Rome and everyone hated him. Caesar was poor but beloved. He exemplified Roman virtue. I value the same things they did, and have the same motives.

  15. this is probably already covered by Anonymous Coward · · Score: 1, Interesting

    most companies have policies about who in the company is allowed to talk to the press and/or public (almost always restricted to C* level execs or the PR department)

    blogs are just another way of violating this policy.

  16. Insightful?! lol... Search! by Anonymous Coward · · Score: 0
    1. Re:Insightful?! lol... Search! by ABeowulfCluster · · Score: 1

      I think the mods havent seen Office Space. PC LOAD LETTER? WTF DOES THAT MEAN?

    2. Re:Insightful?! lol... Search! by dhakbar · · Score: 1

      I highly doubt anybody caught your mangled Office Space "reference" there, dude.

  17. Not just about your company... by Anonymous Coward · · Score: 0

    I've been warned that I can't state my opinion anywhere online even if it doesn't pertain to my company. One of our partners might somehow see it and get angry with us, or so they tell me.

  18. Slashdot interview process by Anonymous Coward · · Score: 2, Funny

    TACO: Do you read and write proper English?
    ZONK: Well, not really.
    TACO: Do you have an inflated sense of self-worth? That is, would you refer to yourself as a "journalist" in an interview with Microsoft's security guy even though all you do is click a button to post user-submitted stories in a web queue?
    ZONK: Sure, I can do that.
    TACO: When's the last time you read the Slashdot front page?
    ZONK: About a week ago.
    TACO: YOU'RE HIRED!

    1. Re:Slashdot interview process by TRS80NT · · Score: 0, Offtopic


      ...
      ZONK: And would you be willing to repeat this interview tomorrow?
      ...

      --
      Lorem ipsum dolor sit amet.
  19. Who is responisble by flopsy+mopsalon · · Score: 3, Interesting

    I think part of the issue here is people have this perception of the so-called "internet" as a sort of anything-goes space of freedom where ordinary rules of human conduct are relaxed. People on-line say the most outrageous things and have access to images and descriptions of extreme situations and behavior that you would never see in real life.

    In reality, the internet is just a bunch of computers linked together. But what happens is people only concentrate on the wild stuff and the exhortations of so-called "freeedom" advocates who push the internet as some sort of intellectual wild west or something, and they do things like spread work gossip or post naughty pictures of themselves in their work uniform. Then they get fired.

    I think we all share some of the blame for this and need to be more thoughtful about what we say and do online. Remember, the next time you link to goatse, it could cost someone their job.

    1. Re:Who is responisble by Farmer+Tim · · Score: 1

      People on-line say the most outrageous things...

      Nonsense! Slashdot, as just one example, is full of insightful, thought provoking balanced discussion on issues of critical importance, which regularly produces practical, realistic solutions, yet never decends into meaningless flame wars.

      Remember, the next time you link to goatse, it could cost someone their job.

      I can imagine the scene: "Flopsy, I'd just like to take a moment to go over the montly report, there seems to be HOLY SCREAMING JESUS ON ROLLER SKATES WHAT THE HELL IS THAT!?!?"

      Hmm...the prankster in me says "do it"...

      --
      Blank until /. makes another boneheaded UI decision.
  20. Not "Duh." What about postings unrelated to work? by maynard · · Score: 4, Interesting
    From the article:

    "In 1997, blogging pioneer Cameron Barrett lost a job at a small marketing firm in Michigan after co-workers stumbled upon "experimental" short stories from his creative writing class on his site. Now, he's much more cautious, and he suspended his blog while campaigning for Wesley Clark during the Democratic presidential primaries."


    Yes, employment is "at will". Does that mean that employers should have the write to fire an employee for publishing a novel written on personal time? Or should society place limits on employers rights to fire employees over off work hours speech unrelated to their job? Personally, I think giving employers the right to squelch employees by threat of arbitrary termination hands them a bit too much power. What you say (unrelated to work) on your own time is your own business and not that of the employer. JMO. --M
  21. dooced by mikeron · · Score: 1

    I believe the correct term for being fired for bloggin about the company is "being dooced".

    1. Re:dooced by phoenixdigital · · Score: 1

      I think the term dooced comes from the quite brilliant blogs of.

      http://www.dooce.com/archives/dooced/index.html

      She was fired for mouthing off at her job.

  22. Blogging policies by tongue · · Score: 4, Insightful

    Most companies do have them.

    They're called NDA's.

  23. repurcussions of blogging? by evilmousse · · Score: 1


    not comments, that's for sure...

  24. Blog THIS by krray · · Score: 0, Offtopic

    But ... what if I own the company? :)

    1. Re:Blog THIS by Anonymous Coward · · Score: 0

      Then its possible that a simple letter of reprimand may be sufficient. Unix systems provide a special file for storing these reprimand entries. It's calle d '/dev/null'.

  25. Common sense by ockegheim · · Score: 1

    With blogging, you have to imagine the person or company you're badmouthing reading it. If you've disguised your identity, (or the identity of the company if it's small) they can fume away but can't do anything. Ditto personal blogs- the less anonymous you are, the more cautious you should be about what you say, because with tools like Google and "Find a blog in your area" someone will read it.

    --
    I’m old enough to remember 16K of memory being described as “whopping”
    1. Re:Common sense by FLEB · · Score: 1

      And, of course, anonymize well. I use a pseudonym (FLEB) online, but I use it so uniformly that anyone can easily trace it back to all the information about me just short of my bank account and SSN.

      Of course, I could use a new pseudonym, but I'd have to watch out that I didn't mention enough info for an enlightened reader to be able to track me. Mention something about your window office view, the crap on your desk, any unique points of your job, a link to the wallpaper you're using, or even "I talked to my boss today and they said...", and it's no great stretch for someone in your office to narrow down who you are.

      Of course, I've basically "turned myself over" to the idea of years of logs of everything I've ever written being openly available and connected to me. Can't do much but "swim with the tide, only faster" with this one. Of course, I have the courtesy not to openly gripe about people unless I know they can take it, and I know enough not to post sensitive work-related information without getting permission. (Of course, I always push for the clause in freelance contracts to allow me to "post revisions for comment or critique".)

      Personally, I think a balance needs to be struck. It's easy to say that people posting publically griping about their company get what's coming to them. On the other hand, however, history has never seen such a widespread ability to "publish".

      Publication is so ubiquitous that someone's "publications" may only be intended (loosely) for certain audiences, but technology allows employers to easily search and build a "dossier" on someone, with no regard to ethical considerations, which themselves have not even been fully created yet.

      I think that the growing ubiquity of publishing, and the ease with which an employer can find out what a person ACTUALLY THINKS (gasp!) means that employers need to just *chill out* to a certain degree, since I'm certain that no person is really that squeaky clean when you put them under a microscope... it's just that now, there are microscopes.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    2. Re:Common sense by ockegheim · · Score: 1

      If an employer (or anyone) has to go to some trouble to find out your identity, I would say they're breaching your privacy and are just as bad as you are. Knowing very little about law, I don't know whether you could appeal dismissal on these grounds, but I reckon it could be a possibility.

      This reminds me of a teacher in Australia who was dismissed recently after a security camera caught her struggling to control a class. If I recall correctly her employer's right to do that was upheld. So forget what I said in that first paragraph.

      --
      I’m old enough to remember 16K of memory being described as “whopping”
    3. Re:Common Sense by Anonymous Coward · · Score: 0

      If the company is dumb enough to engage in internal management practices which leave employees harassed and needing to vent in a blog...

      Then the company deserves to be stripped to the bare parking lot in a wrongful termination suit.

  26. Repurcussions to just get the job by cwikla · · Score: 5, Interesting

    I go through alot of resumes.
    With the advent of blogging, I can't believe:

    1. The number of people who give a link to their website on their resume
    2. Have a blog
    3. Refer to themselves negatively in their blog :
    "I couldn't find the motivation to get out of bed".
    "I'm a loser, I can't find a job".
    "I just don't feel like working".

    Hey, let's call these people...

    1. Re:Repurcussions to just get the job by Turn-X+Alphonse · · Score: 1

      people like this arn't usually the smartest of people either... Today I spent an extra half an hour in bed... won't find that on my blog though..

      Also why would ANYONE give out their website address to a future employer? You do that in PERSONAL time, if the company needs to know what you do in your own time then I suggest you put "expert at self orgasm manipulation". No one would do that and no one should disclose their hobbies unless needed.

      --
      I like muppets.
    2. Re:Repurcussions to just get the job by slashrogue · · Score: 1

      Wow. I have a blog, but there's about a snowball's chance in hell that I would ever put a link to it on my resume. That's just crazy talk.

    3. Re:Repurcussions to just get the job by gentlewizard · · Score: 4, Insightful

      The one case where I can see putting a blog on a resume, is if it's professionally related and the traffic is a testimonial to others' opinions of your expertise. I know people with database-focused blogs that's be crazy not to list their blogs as credentials.

      But then, they don't use their blog to wail and gnash their teeth about their personal lives, either.

    4. Re:Repurcussions to just get the job by cutopenthesky · · Score: 1

      Yeah, or if you're a photographer and its a photoblog...

      But then again, so long as you aren't ranting about drug use, personal problems, etc, its essentially just a portfolio.

    5. Re:Repurcussions to just get the job by Anonymous Coward · · Score: 0
      1. The number of people who give a link to their website on their resume
      I happen to have useful source code on my website.
      2. Have a blog
      I don't advertise my blog. It is, however, on my website. You're not hiring a programmer, you're hiring a person who programs. If you don't think I'm a cool person to work with, why would you want to hire me -- or, more importantly, why should I want to work for you?
      3. Refer to themselves negatively in their blog :
      Yeah, those emo livejournal fools piss me off, too.
    6. Re:Repurcussions to just get the job by KingJoshi · · Score: 1

      I don't know if I've said similar statements in my blogs, but I'm sure I've said negative comments about myself. But if you're judging a person, honesty is an important trait to assess properly. I'm honest in both my blog and my resume. If I say these are my skillsets, these are my strengths, these are my weakneses, then you can pretty much count on it. I know that doesn't win me jobs, but I prefer that route to lying and deceiving, though that does win more job interviews and jobs. It's a price I'm willing to pay.

      Though, I'm sure many others do it out of lack of thinking than principle...

      --
      In times like these, it is helpful to remember that there have always been times like these. - Paul Harvey
    7. Re:Repurcussions to just get the job by Leo+McGarry · · Score: 1

      I would interview those people first.

      Nobody is perfect. Everybody has flaws. Everybody has bad days. I'm more interested in working with people who are up-front and honest about their flaws and their bad days. People who try to be perfect in the misguided hope that I might believe them do not impress me.

      Bloggers, as a rule, are pretty self-aware people. They do their share of navel-gazing. This is a good thing. Being self-aware is an advantage in the workplace. It would be a mistake to hide that.

    8. Re:Repurcussions to just get the job by VanillaCoke420 · · Score: 1

      I give that link because I have my portfolio when it comes to applications, scripts, graphics and webdesign there. Sometimes they are interested in looking at that, especially if the job I'm applying for is in one of these areas...

  27. Didn't we discuss this by Anonymous Coward · · Score: 0

    a few days ago or last week? When are we going to see some repercussions for excessive duping? C'mon guys. It's a big world out there. There's lots going on. You're starting to look like the patent office, granting patents on prior art. At my age, when I see this now, I begin to wonder if I didn't forget something. That and excessive deja vu.

  28. Still can't yell "FIRE" in a movie theater by Anonymous Coward · · Score: 0

    Basic rules of behavoir still apply. If you are working for a fried chicken company and post a blog about them selling deep fried rats in order to get back at them and damage the company you are responsible. Political satire is for the moment still protected but staments made to slander or defame are not covered by the constitution and have always been banned. The internet is not exempt. If it's not something you want everyone to know why are you posting it in a blog? It's like posing for a nude picture for a billboard then getting upset because people are looking at it. It's a public forum. Don't say anything you don't want your boss to know. They may not be as ignorant of technology as you claim they are. If you want to rant anonomously find a less public forum.

  29. Blogging by Donald+Ferrone · · Score: 0, Informative

    Most blogs seem quite lackluster and pointless; individuals use these online journals to post ramblings about their menial lives as though some great Internet audience waits on the edge of their seat for johnsmith348 to post the latest exciting update in the saga of his life on livejournal.com and will meet his every cutting comment with great applause.

    Then there are these, these controversial blogs. There was one young woman who worked a government office job in Richmond who created an entire blog devoted to her sex-life and the politics of her job and what went on "under the table", to 'euphemize' it. Following the tsunami crisis, you have folks who play on the fame to harass victims of the tsunami and their families with sites such as "I Love Tsunamis", all using blogs to target the masses. Many people would argue that controversial content such as this should not be allowed to be published.

    The only real reprocussion is that free speech is being taken to dramatic extremes on these blogs, like it or not.

    --
    Donald Ferrone, Ph.D
    Professor of computer science
    http://www.geocities.com/donald_ferrone/
    1. Re:Blogging by Anonymous Coward · · Score: 1, Funny

      You have two examples of blogs, one about a woman that describes her sex life and another about tsunamis, and you post a link to the one about TSUNAMIS??? That's just cruel.

  30. Take blogs out of the equation by nysus · · Score: 5, Insightful

    If I started handing newsletters out on the street corner that had articles about the inside dirt about my company, could I be fired? Of course I could and with good justification. Corporations are under no obligation to uphold the First Amendment. (And that's one big reason I'm against privatization of government services.)

    Blogs are simply a more efficient means of communicating a message, nothing more. Why is this even controversial?

    --

    ---Technology will liberate us if it doesn't enslave us first.

    1. Re:Take blogs out of the equation by davmoo · · Score: 2, Interesting

      Damn...the first time in a month I don't have mod points to give. Your post should be modded to "+20, Required Reading Followed By A Quiz".

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    2. Re:Take blogs out of the equation by InfiniteWisdom · · Score: 1

      Oh no... this is the Internet. It must be exepmt from all other laws. Except when it comes to legislating spam and such, because there, existing laws apply and are good enough. In fact, Congress should post an Ask Slashdot story before passing any law so that /. can decide whether existing laws apply or not.

    3. Re:Take blogs out of the equation by Brandybuck · · Score: 4, Insightful

      Corporations are under no obligation to uphold the First Amendment.

      Non sequitur.

      No one but the *government* is under any obligation to uphold the first ammendment, because it is only the government that the first ammendment applies to. Let me quote: "Congress shall make no law..." The Bill Of Rights is not a universal document, rather it is a set of restrictions upon the government, and only the government.

      And why are you picking on corporations? Your observation applies to all non-government groups, regardless of corporate status. Heck, it even applies to your *spouse*. Tell your wife she's a whore, and expect all your marital benefits to immediately cease.

      --
      Don't blame me, I didn't vote for either of them!
    4. Re:Take blogs out of the equation by hastings14 · · Score: 2, Informative
      Non sequitur to your non sequitur.

      What you said is true for the 1st Amendment, but completely ignores its application to states - and other government entities as well as some corporate behavior - through the 14th amendment. (prohibiting the deprivation of life, LIBERTY, or property without due process of law). The 14th amendment is of course much broader.

      The 14th amendment and freedom of speech have been applied to corporations- specifically malls, private universities, utilities and such. Usually when a corporation, such as a mall, behaves like a part of the government and does the work the government is supposed to do. Then it has to at least partially observe a citizen's rights, like the freedom of assembly (although it varies by circuit, state, etc.). Otherwise goverments could privitize everything, ignore the bill of rights, and get away with murder (most likely literally, in some cases).

      Case in point: During our recent presidential election, there were one or two cases of companies firing people for their political views. This would not happen to government employees, such as a teacher, since government is held to greater scrutiny. It probably also couldn't happen to a teacher at a charter school, even though the school is a private corporation.

      The main issue here seems to be not about freedom of speech... but about your right to your job. You don't have a guaranteed right to your job IF your empoyment is at will. Although some whistleblower laws could protect you if what you are saying is in the public interest - maybe.

      ----

      Your observation about your wife isn't necessarily always accurate either. A correct analogy to getting fired would be your wife filing for divorce. Calling her names in most states would be enough, with no fault divorce. However, if you had a covenant marriage like they now have in Louisiana you could, in theory, continue to call her names and she'd have to sit there and take it as long as it didn't become too abusive. Of course, she could say something nasty back to you, and you'd have to sit there and take that. I'm not 100% sure of the laws on covenant marriage, but that sounds about right.

      -------

      For every rule, an exception, ya' know...

    5. Re:Take blogs out of the equation by Kesh · · Score: 1

      No one but the *government* is under any obligation to uphold the first ammendment, because it is only the government that the first ammendment applies to. Let me quote: "Congress shall make no law..." The Bill Of Rights is not a universal document, rather it is a set of restrictions upon the government, and only the government.

      And even that's not absolute. Slander and libel are illegal forms of speech, as is threatening speech. The First Amendment isn't exactly enshrined and holy.

    6. Re:Take blogs out of the equation by Brandybuck · · Score: 1

      What you said is true for the 1st Amendment, but completely ignores its application to states

      Every state constitution either incorporates the US Bill of Rights, or incorporates identical provisions. While it may be technically possible for a future state to do otherwise, it is doubtful in the extreme that one such would ever be admitted.

      Otherwise goverments could privitize everything, ignore the bill of rights, and get away with murder (most likely literally, in some cases).

      The Constitution and Bill of Rights still applies only to the government. Regardless of how big or small it is. It wouldn't matter how much they privatized their functions, because the more they do it the less the problem of government becomes. I mean truly privatize, and not merely contract out government services. A private prison is still under the jurisdiction of government. If it weren't, it would merely be a hotel with very bad amenities.

      Like it or not, agree with it or not, the US Constitution is based on the principle of limited and restricted government. The founding fathers were in essence libertarians. They did not fear private business, but considered government to be very dangerous, however necessary it might be. I don't care how much you twist it, you won't be able to wring out any restrictions on private businesses from it.

      Modern corporations are another matter, as they cannot exist without government grant. Corporations as we know them today did not exist in the eighteenth century. I would have no problems if you wished to extend the First Ammendment to public corporations, but please do so for reasons of their governmental privilege, and not because they are private commercial concerns.

      The main issue here seems to be not about freedom of speech... but about your right to your job.

      You're right. Employment is ultimately a voluntary affair. But that doesn't stop people from bitching about violations of their free speech. Just goes to show the shoddy state of civics education in the country.

      --
      Don't blame me, I didn't vote for either of them!
    7. Re:Take blogs out of the equation by PastorOfMuppets · · Score: 1
      Let me quote: "Congress shall make no law..."

      You'll notice that the First Amendment does not specify direct infringement, therefore if Congress passes a law which indirectly allows those freedoms to be infringed, they have violated the First Amendment.

      Tell your wife she's a whore, and expect all your marital benefits to immediately cease.

      Until the divorce is finalized, I am entitled to all the legal benefits of marriage. I suspect that you were referring to sex which is not a legal benefit. In-fact, I could be the best husband in the world and my wife would have no legal obligation to even sleep in the same room with me.

      The Bill Of Rights is not a universal document...

      True, but the International Covenant on Civil and Political Rights is, and it specifically states my original point: that no government shall allow the rights of its citizens to be infringed by anyone. And just incase you're not a big supporter of international law (and I'm not sure if that particular treaty was ratified by the US), I will point to the Declaration of Independence (considered by the Right to be more important than the Constitution) which refers to our rights as unalienable, meaning that no one can take them away.

      Having said all that, I do agree that there are certain types of speech that you should not expect to be free of consequence. If you go around divulging trade secrets or badmouthing your company with statements that are not objectively true you should expect to be fired. Firing an employee for any other type of speech is a violation of their rights weather or not the law technically says so.

      --
      If you don't have anything nice to say, shut up you stupid prick.
    8. Re:Take blogs out of the equation by hastings14 · · Score: 1
      Like it or not, agree with it or not, the US Constitution is based on the principle of limited and restricted government. The founding fathers were in essence libertarians. They did not fear private business, but considered government to be very dangerous, however necessary it might be. I don't care how much you twist it, you won't be able to wring out any restrictions on private businesses from it.

      Like it or not, agree with it or not, the US Constitution WAS based on the principle of limited and restricted government. It still is to a certain extent, since the states fight back. Also, I agree with you that the Founding Fathers were very libertarian. However, they've been gone a long time and in the meantime there's been a lot of extra amendments added beyond the bill of rights, and a lot of Supreme Court interpretation - not to mention the natural complexity that simple things take on in the context of modern life.

      My point was that all of this talk of the 1st Amendment/Bill of Rights only restricting government has, due to the 14th Amendment and various congressional interventions and Supreme Court interpretations - especially relating to the commerce clause - got about a thousand loopholes for specific situations, and whether or not a blogger can be protected from being fired through labor law or whistle blower law or 14th amendment rights or corporate law or state law completely depends on the specifics of the individual situation. Replying "1st amendment doesn't apply to private companies" is likely as inaccurate as the person originally saying "I should be able to blog whatever I want and never get fired."

      I mean truly privatize, and not merely contract out government services.

      Even if government truly privatizes, Courts have ruled that private companies acting like a government are still bound by certain restrains. For instance, if a mall holds itself out as a public place it cannot easily expel people for free expression. Private schools (truly private - not charter schools) still have minimum standards they have to follow. Government gets involved in a lot of other ways, too. The hotels workers in San Francisco held a short strike to express their displeasure with management. Management kicked them out entirely and wouldn't let them back in. The goverment has ordered the hotels to let them back in for I think its 60 days for a "cooling off" period.

      So, to summarize, I believe I disagree with you. Whether or not we like it, government can and does restrict private business in pretty much any way it wants - although of course it may later pay a price at the ballot box.

    9. Re:Take blogs out of the equation by Brandybuck · · Score: 1

      I will point to the Declaration of Independence which refers to our rights as unalienable, meaning that no one can take them away.

      I am a firm believer in unalienable rights. But the only way to legally remove my rights is still through government power. Private citizens can do it, but only by committing a crime.

      Let's take freedom of speech as an example. The only way to suppress this right is through threat or application of physical harm (imprisonment or death). For a government with police and laws, the applications and threats are legal. But for private citizens, such applications and threats are crimes. If you strike me for speaking that is assault. If you tie me up so I can't get to the rally to speak, that is imprisonment.

      An employer firing an employee is none of the above. It is not an application or threat of physical harm. It is merely the termination of a relationship.

      --
      Don't blame me, I didn't vote for either of them!
  31. this is no different than before by Anonymous Coward · · Score: 1, Insightful

    except now your dissention is documented.

  32. Gentle Bunny by rah1420 · · Score: 4, Insightful

    Mildly offtopic, but it does reflect on the blogsphere a bit. (Did I just use that word?)

    I am a gentle employee bunny.

    1) I am a gentle bunny. I will listen carefully before I speak. In so
    doing I might get some faint clues from my manager as to who is going to
    get screwed next, and so take steps to make sure I am not in the penumbra of
    blame when it happens.

    2) I am a gentle bunny. I will think before I speak. I will make very
    sure I don't violate my employer's non-disclosures or talk about the stock
    during blackout periods. Nor will I reveal what I know about management's
    little hobbies. I will remember that my employer is *not* a gentle bunny, but
    is part wolf, part rat, and part Emperor Palpitine; and his lawyers are
    even worse.

    3) I am a gentle bunny. I will remember that when I speak I can hurt
    others. Will what I say cause others pain? Will they take it out on me in
    my next review?

    4) I am a gentle bunny. Can I change the way I say something to avoid
    hurting another yet still say it? I will strive to remember that in these
    situations, precise factual accuracy must give way to the survival instinct;
    it's a lot more important not to tick them off.

    5) I am a gentle bunny. The things I love are not loved by all. I will not
    force the things I love onto others. Not even if it is honesty, decency,
    and fiducial responsibility, and the people lacking these things are thereby
    risking jail time.

    6) I am a gentle bunny. If I wish to show others the things that I love I
    will check with those present in case they do not wish to be involved.
    This is especially true when I am comtemplating whistleblowing.

    7) I am a gentle bunny. I will accept any gift freely given, yet I will
    never ask for a free gift. The last time I did, I was fired, and I learned
    from that.

    8) I am a gentle bunny. I will remember that though I may not love
    something, that does not mean another may not love it. Everyone has their
    own take on these things, and just because I don't like fraud, doesn't
    mean the CEO isn't into it bigtime.

    9) I am a gentle bunny. I will listen and think on everything a person
    says, not just the parts I wish to fight with or the parts with which I
    already agree. If I find that everything presented is utter fantasy and
    absurdity, I will still carefully consider that this is, after all, my
    employer, and that in fantasy one may sometimes find humor, especially in
    schedules.

    10) I am a gentle bunny. What I believe in is important to me. I will
    remember that what others believe in is important to them. And if they
    believe that lying to the employees is important, then I will remember
    that "gentle" is not the same as "gullible".

    11) I am a gentle bunny. Another person may hold dear to their heart a
    view that contradicts mine. This does not mean that their view or mine is
    wrong for each may be the right choice for each of us. After all, there
    are no ethics in my workplace, so how can there be right and wrong
    choices?

    12) I am a gentle bunny. I will remember that words hurt worse and longer
    than blows. I will remember that this is occasionally useful, and is
    frequently the only response which is both legal and rational.

    13) I am a gentle bunny. If someone speaks to hurt me, have I given them
    cause? Is there something I have said or done that has caused them pain?
    Probably not; they probably weren't doing it intentionally, and simply
    wounded me in blithe, unconcerned self-interest. They are, after all,
    management.

    14) I am a gentle bunny. If I find myself wanting to hurt someone to make
    my point, I will look at what I am saying to see what is lacking in my
    view that I must harm another that they might agree? And if what is
    lacking is a modicum of intelligence in the other party, I will nonetheless
    remember that punching out the mentally enfeebled is neither gentle nor

    --
    Mit der Dummheit kämpfen Götter selbst vergebens.
    1. Re:Gentle Bunny by Anonymous Coward · · Score: 0

      28) I'am a complete pussy. I have too much time on my hands and don't take into account emotions which will effect me.

    2. Re:Gentle Bunny by Stiletto · · Score: 0, Offtopic


      Wow. Insightful? It's crackrock sunday for the mods today.

      Could someone please decipher the hidden message for me? I lost my gentle bunny decoder wheel. While you are at it, tell me how this qualifies as "mildly offtopic".

    3. Re:Gentle Bunny by myowntrueself · · Score: 4, Funny

      That was a true classic.

      If it wasn't so long, I'd print it in blood on rabbit hide and nail it too the wall of my cubicle.

      --
      In the free world the media isn't government run; the government is media run.
    4. Re:Gentle Bunny by Anonymous Coward · · Score: 0

      29) I am moral-relativist bunny. There is no such thing as wrong, only different. P.S. The bible rules.

  33. Meanwhile... by kureido · · Score: 3, Informative

    Ellen Simonetti's blog, mentioned in the CNN article as having "suggestive photographs of [her] in uniform," dies a slow horrible death...

  34. Different Facets by jd · · Score: 1
    First, there are protections for whistleblowers. Unless it happens to companies, Government agencies, ...


    Second, labor laws vary from State to State - South Carolina believes in "employment by will", which (given that all they employers seem to belong to one gigantic Satantic cult) really boils down to slave labor for slave wages. On the other hand, States with better protections generally pay better, have better standards of living, have more jobs in areas like Technology, generally have mass transit and other "socialised" services, and massive problems from radiological and toxic waste from Government sites.


    Third, the First Amendment only applies to Governments, including State Governments. However, it could reasonably be argued that massive international corporations that have monopolies or near-monopolies are essentially Governments within themselves. They tax, they create laws, they even enforce them. The difference is only in the choice of words.


    HOWEVER, having said all that, it is certainly true that malicious gossip never helped anyone and will burn the gossiper as surely as it burns those gossiped about. Here, I draw an important distinction between malicious gossip (or gossip of any kind, really) and whistleblowing. A crime is a crime is a crime, and those who stay silent ARE accessories to the fact. American courts would do everyone a favour by prosecuting the "silent witnesses" who enable the crimes as vigorously as the criminals themselves. Enabling is just crime at arms length.


    I also agree that a job isn't a right. Wrongful dismissal should be prosecuted, as it slanders the dismissed, but employment per se is a mutually agreed-upon contract. Now, if the contract is vague (for the employer's benefit), then the employee has every right to use those same loopholes for THEIR benefit. As another person said, it is a two-way street. And two-way means that whatever the employer can take, so can the employee.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  35. RTFBoR, please by damian+cosmas · · Score: 1

    The First Amendment doesn't protect you from your employer; it protects you from the government (and even then, only congrefs). Read through it sometime, it might clear some things up.

    1. Re:RTFBoR, please by Anonymous Coward · · Score: 0

      Congrefs created the most prevalent type of employer, the corporation. So maybe the First Amendment does protect most Americans from its Congrefs-created employer.

  36. Uh by Anonymous Coward · · Score: 0

    Maybe that was his point?

  37. Well censorship is everywhere... by Snaller · · Score: 0, Troll

    ...just look at Slashdot where the most popular pasttime is modding down people who's opinon you disagree with... tsk tsk.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:Well censorship is everywhere... by Anonymous Coward · · Score: 0

      The moderation of this post is proof!

    2. Re:Well censorship is everywhere... by rbarreira · · Score: 1

      No it isn't! Think about it ;)

      --

      The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
  38. There are outlets. by gellenburg · · Score: 5, Interesting

    This is precisely why I started http://www.novoice.org/.

    To provide an outlet for those who are afraid to speak out about their jobs.

    1. Re:There are outlets. by Anonymous Coward · · Score: 0

      I still don't understand why people feel the need to "speak out" about their jobs. Employment is a private contract between you and your employer. Any issue with your employment is between you and them, not the public at large.

      If you want to give employees an outlet, how about employers? How would you feel if a company kept a list of under-achieving employees publicy available? Sure, you think it's ok to have a blog that talks shit about, say, Wal-Mart, but I bet you'd be pretty appalled if Wal-Mart had a blog about bad employees.

    2. Re:There are outlets. by Moraelin · · Score: 1

      Actually, the employers can and do give you a recommendation at the end. Or call the previous employer to ask. So yes, they _are_ telling other employers (the only ones interested) what they thought about you.

      Blogs aren't the alpha and omega, much as some of their proponents like to pretend that they're the most important ones to walk the Earth since Jesus. Just because the employer doesn't egg you in a blog, or because the office backstabbing you might have received and not even know about, wasn't on a blog, it doesn't mean it doesn't exist.

      So I fail to see why that relationship should be uni-directional.

      And I do think that work conditions at a company should be publicly available knowledge. If this reduces the number of candidates, tough shit, they should work at solving the problem, not at stopping everyone from talking about it.

      I'm not against companies or agains capitalism in any way, but I think that one side already has far more power than it should in job negotiations. I don't think they need or deserve a sacred right to lie there too. When you sign a contract, any contract, I do believe that both sides have a right to know what they're getting there. I don't thing con schemes based on outright lies are the kind of contract that (theoretical) capitalism was supposed to be based on.

      I believe that, for example, those EA slaves should have had a right to know in advance that they're signing to be used, abused, chewed and spit out on a slave farm. Answering "yes" to some massive euphemism like "are you willing to occasionally do overtime" and then finding out it really then means being overworked 14 hours a day, 7 days a week, with occasional sundays off for good behavious, is nothing short of a con. Those people should have had a right to know what work conditions are they signing for.

      But I really mean _both_ sides. On the flip side, I also do think that a company should have the right to know when they're hiring just a liar with a faked resume and no willingness to learn.

      E.g., I've mentioned before the co-worker that couldn't even write code that compiled. At all. So he first begged some co-workers to help, and then tried to backstab them.

      Well, that one was such a master of resume faking. According to his resume before working for us, he was chief architect and/or top programmer for a dozen projects before. Never mind that he couldn't code at all. And after he got fired, some co-workers found his new resume online, where he claimed to be the chief architect and programming team leader for the project here too. Never mind that in reality he was just a nobody that never produced any working code or design, and got fired for it after 3 months. Nah, not according to his resume.

      So, yes, I wouldn't mind it if companies would start a blog about such employees.

      --
      A polar bear is a cartesian bear after a coordinate transform.
  39. Her pics by sometwo · · Score: 1

    I don't think Ellen's pics are compromising and it is not obvious that it is Delta airlines that she works for.

    Here's the link: http://queenofsky.journalspace.com/?cmd=displaycom ments&dcid=393&entryid=393

    1. Re:Her pics by Anonymous Coward · · Score: 0
      ...it is not obvious that it is Delta airlines that she works for.

      Dude, she's wearing her ID on a Delta lanyard.

      Furthermore, you ended your sentence with a preposition.

    2. Re:Her pics by renehollan · · Score: 1
      In the words of the late, great Winnie C (Winston Churchill):

      "Ending a sentence with a preposition is something up with which I shall not put!"

      --
      You could've hired me.
  40. Surprised by petrus4 · · Score: 1

    I will admit that I'm surprised that I haven't heard about certain bloggers being visited by the Men in Black for referring to Bush as the living, breathing personification of evil yet...especially when I consider the number of bloggers who do so. Although I suppose it's extremely possible that such visits have taken place, and we simply haven't heard about them. Still, I would have thought sites like this, would be the target of der neugeboren Fuhrer's jackboots even if no others were.

    1. Re:Surprised by Gamefreak99 · · Score: 0, Offtopic

      Maybe it's because Bush isn't Hitler?

    2. Re:Surprised by kz45 · · Score: 1

      I will admit that I'm surprised that I haven't heard about certain bloggers being visited by the Men in Black for referring to Bush as the living, breathing personification of evil yet...especially when I consider the number of bloggers who do so. Although I suppose it's extremely possible that such visits have taken place, and we simply haven't heard about them. Still, I would have thought sites like this [antiwar.com], would be the target of der neugeboren Fuhrer's jackboots even if no others were.

      maybe because most rational people see those blogs for what they really are: rants by a few radical nutcases.

    3. Re:Surprised by Farmer+Tim · · Score: 1

      I will admit that I'm surprised that I haven't heard about certain bloggers being visited by the Men in Black for referring to Bush as the living, breathing personification of evil yet...

      It surprises me more that Bush hasn't been hauled off by the men in white, considering the mythical WMDs and other "evil" figments of his imagination.

      --
      Blank until /. makes another boneheaded UI decision.
  41. America by Anita+Coney · · Score: 1

    Where you have the freedom to speak your mind, unless you offend someone. Or piss someone off. Or do it on the radio. Or outside of a designated "free speech" zone...

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:America by Rycross · · Score: 1

      These people were not stopped from speaking their mind. Said companies are not obligated to keep employees that were badmouthing thier companies, or disclosing secrets online.

      No freedom of speech was denied.

    2. Re:America by Anonymous Coward · · Score: 0

      So tell me, how do you stop someone from speaking their mind's short of killing them?

      I'm sure north korea uses the same justifications ("but they were badmouthing our country").

      I moderate -1 unclear logical progression.

    3. Re:America by Anita+Coney · · Score: 1

      That makes NO sense what so ever. Under your reasoning, there was complete freedom of speech under Stalin. You'd just have to do it from Siberia.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    4. Re:America by Rycross · · Score: 1

      The difference being that the government didn't fire these people. Private corporations did. They didn't lose their lives or freedoms, and they are perfectly free to move on to another job. Hardly the same as throwing someone in a Siberian prison.

    5. Re:America by Anita+Coney · · Score: 1

      What are you talking about? I agree with you! People in Siberia were perfectly free to speak their minds! Just like the unemployed are in our country.

      Heck, you ever wonder why homeless people are always talking to themselves?! That's not mindless ranting. No... it's freedom of expression in action dude!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  42. I don't see what the companies have to worry about by diogenes57 · · Score: 1

    ...I mean was anyone surprised when they saw the blog: "Dude, working at McDonald's blows".

  43. Why would I say bad things about my company? by Anonymous Coward · · Score: 5, Funny

    Some people say bad things about my COmpany, but not me. My boss is an absolute saint, and my coworkers are knowledgable about software and increDibly talented. really I feel blessed, in that I have a job for life, and my stock purchase plan can only increase in value.

    People are sometimes envious, and ask me how i was lucky enough to leverage my skills into an exciting company like SCO, to which I reply, "I'm just lucky, I guess!"

    1. Re:Why would I say bad things about my company? by brianber · · Score: 1

      SCO sucks Darl bite me Please kill me now!

    2. Re:Why would I say bad things about my company? by Farmer+Tim · · Score: 1

      "...and ask me how i was lucky enough to leverage my skills into an exciting company like SCO"

      Clearly it was your amazing "coding" abilities...

      --
      Blank until /. makes another boneheaded UI decision.
  44. don't bite the yada yada... by the-build-chicken · · Score: 1

    ...don't bite the hand that feeds you? How about look after your workers so they're not so pissed off all the time. Does anyone know exactly when we all traded good leadership for threats and extortion?

    1. Re:don't bite the yada yada... by gl4ss · · Score: 1

      since people found out that it's easier to vent out on the blog than actually standing up to the jackass in charge.

      --
      world was created 5 seconds before this post as it is.
  45. You must blow the whistle... by grant+murray · · Score: 5, Interesting
    I believe that if you discover that your employer is:
    • unethically exploiting employees
    • conducting business in an illegal manner
    • killing people in the course of business
    • about to kill people in the course of business
    • conducting business in a non-competitive, monopolistic fashion
    you are morally bound to speak out about it, on your blog, to the press and to whomever will listen. (If your employer is a Chinese mining company, you should just quit your job and become a full-time blogger.)
  46. Why do we need policies for this? by gearmonger · · Score: 1
    Posting something on a blog is basically akin to painting up a big sign and putting it in your yard. And it's surprising that saying something bad about the company you work for on such a sign might get you a quick trip to HR? Jeez...come on.

    Blogs only expand the reach of your message, they do not magically remove the responsibility for what you say (that's what anonymous email accounts are for).

  47. Work is Work, but what about School Blogging by MatthewNewberg · · Score: 4, Insightful

    If a company doesn't like you I would understand they could fire you. Part of your job is to make the company money, and you can't do that by causing harm to the companies image. What I am really interested is in relation to blogging and school. If someone goes out and blogs a bunch of information about how a school sucks (which I think could happen quite a lot) is the students education and freedom of speach be protected. I feel this is much more interesting considering the fact the student is not employeed by the school, but the school is employeed by the student.

    1. Re:Work is Work, but what about School Blogging by Anonymous Coward · · Score: 1, Interesting

      Assuming we are talking about a publically funded institution, then there is a pretty clear support for the free speech of students.

      I ran a website critical of my school district while I was in high school. They did all sort of things to try to shut me out. First, they tried to guess at my passwords to make entry into my server. Then they sent their lawyers to my website (detected when I saw their IP's in my server log and discovered they belonged to an area law firm that our school district retains). Then they tried to concoct various fake stories about how I have violated various technology resources policies to get disciplinary action taken on me (nothing happened of it). Then, the started randomly disabling my account on the NT domain controller so I couldn't log in to the school network.

      I think the only reason why they didn't try anything more sinister like tampering with my grades or records is that there were alot of people in high places, including media, who were pretty much watching everything unfold.

      The school district in question is Fort Bend ISD in suburban Houston, TX. There are numerous other incidents where district employees tried to squelch dissenting speech, including police intimidation of parents seeking records under FOIA, suspending employees didn't support increasing school taxes, and in one case, firing a school employee for blowing the whistle on a principal who was fudging records.

      Basically, the key for students is to never let down. The law is in favor of free student speech and organizations like the ACLU will come down fast and furious in the courts if they do anything to students.

    2. Re:Work is Work, but what about School Blogging by ImmortalDeath · · Score: 1

      Last year, half the grade used their blogs to bash teachers, flame students, say the school sucks, etc. The teachers found out and threatened to call our parents. We all stopped fast (parents are more deadly than teachers). How could freedom of speech be protected?

    3. Re:Work is Work, but what about School Blogging by MatthewNewberg · · Score: 1

      You do have a good point, but the main reason I brought up this question was in response to higher education. The college system (public and private) is not one of the most strictly regulated industry, and it involves large sums of money. If students decide to comment on the school negatively, the impact could be great for the school. If students dont comment about the school then the school has no motivation to improve (Internal complaints dont always work and leaving is not always an option).

  48. Digital Ghosts by Sundroid · · Score: 3, Insightful

    The CNN article can be distilled down to a couple of chilling sentences: "Annalee Newitz, a policy analyst at the civil liberties group Electronic Frontier Foundation, said employees often 'don't realize the First Amendment doesn't protect their job.' The First Amendment only restricts government control of speech. So private employers are free to fire at will in most states, as long as it's not discriminatory or in retaliation for whistle-blowing or union organizing, labor experts say."

    The problem with blogging is that the words are documented. An employee can badmouth about his company or chat up the company's trade secrets in private settings and probably get away with it, but if he types those gripes or company secrets into his computer and hits the "publish" key, then he'd better realize that those words are permanently stored in a server, and the possibility that they might come back to haunt him is there.

  49. Blessing in Disguise by miyako · · Score: 1

    You know, it's all well and good to say it's unfair for someone to be fired over talking negatively about their company, or to say that a company should have the right to fire someone who is badmouthing them, I think that I could go either way depending on the situation (for example, I don't think there is anything wrong with an employee saying "my boss is kind of a prick" or "I wish I got more time off, and was paid better", but on the other hand, it would be kind of inappropriate to say "my company has just begun to implement a new plan to build a polution factory powered by burning puppies that will enable the CEOs, powered by nuclear waste, to rape every third newborn in montana").
    But the thing of it is, if someone hates their job so much that they have to spend all their free time bitching about it on a blog, then maybe they are better off fired. A company doesn't need employees who are unproductive because they absolutely dispise what they do, and a person doesn't need to live a myserable life shortened by stress because they a working a job they hate.

    --
    Famous Last Words: "hmm...wikipedia says it's edible"
    1. Re:Blessing in Disguise by Farmer+Tim · · Score: 1

      "...my company has just begun to implement a new plan to build a polution factory powered by burning puppies..."

      Ooh! I want to work there! I've been looking for a job with some real satisfaction value...

      Though fluffy bunnies produce more pollution per pound, especially if prodded with tasers for an hour first. It's a question of generating the correct quantities of evil.

      --
      Blank until /. makes another boneheaded UI decision.
  50. Anonymous speach. by Anonymous Coward · · Score: 0

    Isn't this what anonymous speach is for?

  51. Personal time reflects who you are by MatthewNewberg · · Score: 1

    I agree there are parts of my life the employer doesn't need to know about, but on the other hand there is so much I wouldn't mind a employer to know about. Hopefully possible employers get a better sense of who I am, and what I can do by what I do in my free time. I do have a personal website that I use to promote who I am and I do try to get employers to look at it. There are a few things I want them to take from it:

    a) I am a well rounded person.
    b) I like to do a diverse range of things
    c) I enjoy a wide range of media
    d) I like to code in my free time and show some explains

    Hopefully employers look for these things, becuase the people I enjoy working with tend to fit these catergories. I feel a website is a good way to show employers that.

    1. Re:Personal time reflects who you are by Anonymous Coward · · Score: 0

      Hopefully employers look for these things, becuase the people I enjoy working with tend to fit these catergories. I feel a website is a good way to show employers that.

      Hope is a form of prayer. The resume is for skills that they need for your prospective role in the company, the interview is where the human side comes in. The blog? Who knows, but aren't most of them literary masturbation anyway?

    2. Re:Personal time reflects who you are by Barnoid · · Score: 2, Funny

      I do have a personal website that I use to promote who I am and I do try to get employers to look at it. There are a few things I want them to take from it:

      a) I am a well rounded person.
      b) I like to do a diverse range of things
      [...]


      and then your sig:
      I've spent my money on booze, women, drugs, and the rest I just wasted mnewberg.com

      Just pray your employer doesn't read /.

    3. Re:Personal time reflects who you are by MatthewNewberg · · Score: 1

      Thanks for the note.. Sometimes you forget the simple things.

  52. Tim Bray? by Anonymous Coward · · Score: 0
    Only in rare cases are employees "unofficially asked to soften some wording," said Tim Bray, the Sun policy's chief architect. Rather, he said, the policy creates a structure for discussions between employees and their managers.

    Shouldn't Tim Bray have more important things to do?

  53. Use Some Common Sense by geoffrobinson · · Score: 1

    Blogging about your company is full of unforeseen traps. Probably the biggest one would be insider traiding laws.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    1. Re:Use Some Common Sense by Anonymous Coward · · Score: 0

      The last time I checked, a blog is not the same thing as a stock exchange.

    2. Re:Use Some Common Sense by geoffrobinson · · Score: 1

      Giving information about your company can very easily make you liable to those laws.

      --
      Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
  54. Badmouthing or just loose lips? by Anonymous Coward · · Score: 0

    Seems to me that many of the people being fired are not for badmouthing the company or revealing big devastating secrets, but for having loose lips. In the same way that a person shouldn't go about blathering to every stranger that they meet at school or on the job about Aunt Mary's incontinence, sister Jane's problems finding clothes that fit or their father's gambling problems, they shouldn't go about discussing all of the birthmarks and warts of the company where they work. The remarks being made are not all that damaging, but reveal a certain lack of discretion and loyalty. It's like they are trying to gain the affection and admiration of those about them by gossiping about everyone and everything else, like little puppy dogs over-eager to please.

    1. Re:Badmouthing or just loose lips? by Anonymous Coward · · Score: 0

      they shouldn't go about discussing all of the birthmarks and warts of the company where they work.

      Why not? Can't handle the truth?

      The remarks being made are not all that damaging, but reveal a certain lack of discretion and loyalty

      The company has my loyalty when they pay me for it. My current contract, neutered by hopelessly one-sided employee agreements, doesn't say anything about "undying devotion and loyalty".

    2. Re:Badmouthing or just loose lips? by Anonymous Coward · · Score: 0

      Truth has nothing to do with it, it's just a matter of bad manners.

      And as far as loyalty goes, it doesn't seem very classy to be taking their money at the same time as you are gossiping about them. That is the sort of duplicity that you expect to see in junior high or middle school, not from grown-ups out in the real world.

  55. What I find hilarious by mcc · · Score: 4, Insightful

    CNN mentions the guy who got fired from google for blogging.

    What they don't mention is that the guy who got fired from google for blogging seems to have been violating SEC regulations by publicly posting certain information relating to Google's financials...

    Common sense really needs to become an issue at some point.

    1. Re:What I find hilarious by KillerCow · · Score: 1
      CNN mentions the guy who got fired from google for blogging.
      What they don't mention is that the guy who got fired from google for blogging seems to have been violating SEC regulations by publicly posting certain information relating to Google's financials...


      The "information relating to Google's financials" was, and I quote:

      they started off the day with a financials presentation, which was actually quite interesting. of course, i understand that they obviously will put a positive spin on everything, but the weight of the raw numbers is undeniable. both google's profits and revenue are growing at an unprecedented rate even while they are increasing their expenditures on capital and human resources. not to mention that google has been primarily focused on the u.s. market and is now turning their full attention to the global marketplace.

      so after the interesting financials, the products team gave presentations reviewing product performance in 2004 and giving sneak peeks of the products we'll unveil in 2005. if you guys thought gmail and google groups were cool, you ain't seen nothing yet!


      Some people believe that he was fired for criticizing Google's compensation and benifits package, and otherwise not being a "team player."
    2. Re:What I find hilarious by Anonymous Coward · · Score: 0
      "Common sense really needs to become an issue at some point."

      I do not think "sense" is that common anymore.

  56. Repercussions? by Anonymous Coward · · Score: 0

    > but rather a lack of policy outlining
    > repercussions for negative blogging about one's
    > company.

    Comporations have held off from creating blogging policies because they didn't want to look like they were keeping people from posting...now, they'll be able to justify it by saying "well, we don't want to have to fire people."

  57. Wanna blog and keep your job? by aztektum · · Score: 1

    Why not just use an online alias? That's what the Internet was all about 5+ years ago. Now people are trying to be anonymous and get their 15 mins of fame online.

    --
    :: aztek ::
    No sig for you!!
  58. fascists by Robocoastie · · Score: 1

    all you Fascists amaze me. That people accept this much authority in their lives totally amaze me - the founders have rolled over in their graves. I say any company that is going to monitor what their employees say and then punish them for it instead of finding out if they actually have a point that needs rectified in the company doesn't deserve to have that person's talent anyway.

    1. Re:fascists by Anonymous Coward · · Score: 0

      of course the founders didn't mind that indentured servants and slaves acted just like the average IT employee today --- putting up with all sorts of abuse, but don't have the self respect to do anything about it.

  59. Get a Clue by Anonymous Coward · · Score: 0

    If you went on TV and described the inner workings of your company and painted them as idiots - would you still have a job after your management saw you mouthing off about them to an audience? Why is a blog any different.

    If you were at a party and made a joke about your girlfriend's terminal yeast infection and inability to master a bar of soap and washrag, do you think you would be getting any ever again?

    You can say anything you want but that doesn't mean there will be no consequences.

    IMHO, bloggers are the AIDS of the internet. Just a bunch of assholes with worthless opinions - much like a comment on Slashdot.

  60. Re:fizzle pozizzle by Anonymous Coward · · Score: 0

    Hi, I'd just like to clear something up. Freedom of speech is a right that is only relevant when a private person interacts with the government. It has nothing to do with what private entities do to each other. So why are so many clueless slashfucks discussing this?

  61. There is something wrong ... by Spiked_Three · · Score: 1, Flamebait

    about a web site that speaks against censorship, and yet is the most aggressive censor I have ever encountered on the net.

    --
    slashdot troll = you make a compelling argument I do not like the implications of.
    1. Re:There is something wrong ... by Anonymous Coward · · Score: 0

      Ironically, the moderation of your post is sad proof of your statement.

  62. 14th Amndmt, not the 1st by hastings14 · · Score: 1
    The 1st Amendment's not really the amendment to look at.. free speech (and everything else) is usually applied to states, local entities, and sometimes corporations through the 14th Amendment, which prohibits the deprivation of life, LIBERTY, or property without due process of law... its much broader, and includes the "right to free speech" and most of the original bill of rights, as courts have interpreted it.

    The 14th amendment and freedom of speech have been applied to corporations- specifically malls, private universities, utilities and such. Not because they are legal constructions, though. Only when a corporation, such as a mall, behaves like a part of the government and does the work the government is supposed to do. Then it has to at least partially observe a citizen's rights (although it varies by circuit, state, etc.). Otherwise goverment could privitize everything and get away with murder (literally, in some cases). Specifically, I'm thinking of malls that have had trouble prohibiting a right of free assembly.

    I think the main issue here is not about freedom of speech... but lack of right to job. You don't have a guaranteed right to your job if your empoyment is at will. Although some whistleblower laws could protect you if what you are saying is in the public interest - in theory at least.

    Hey, it's all theory until it gets before a judge.

  63. Common Sense? by Bones3D_mac · · Score: 0, Redundant

    If you are dumb enough to speak out against your employer in public, regardless of whether its a blog or right outside the company door, you deserve to be fired.

    At least have the brains to bash your employer anonymously. No one wants to have known morons in their staff.

    --


    8==8 Bones 8==8
  64. Ever hear of a Right To Work State? by Anonymous Coward · · Score: 0

    Any reason except race sex and maybe age...
    There is no such thing as "Wrongful Termination" in most States in the USA unless you have a contract or can prove it is based on one of the above.

    1. Re:Ever hear of a Right To Work State? by Anonymous Coward · · Score: 0

      I live in one of those wonderful "right to work" states. Any circumstance that does not require an employer to give *A* reason, ANY reason, for a termination is bad for the employee. I have witnessed, first-hand, situations in which an employee asked for the reason behind their termination, and was told, and this is a direct quote, "We don't have to tell you. You should know."

      Needless to say, this makes any kind of wrongful termination action nearly impossible, even IMHO justified torts, e.g. race/gender/age/orientation discrimination, which are specifically defined as illegal in this state. If the case did come to a civil court, it would probably go like this:

      "Did your company fire my client because she was $race?" "We didn't fire her because she was $race." "Why did you fire her then?" "We don't need to supply a reason under the law." "So you fired her for no reason?" "As far as you know; the law doesn't require me to answer that question." End of court case.

      IANAL, but it seems to me the only way for a company to lose a wrongful termination suit in a state like this one is for the chucklehead HR manager to admit to discrimination on the stand. Oh, wait, that must be how they all get lost. Seeing as how most HR chuckleheads need help to figure out "pants first, then shoes."

    2. Re:Ever hear of a Right To Work State? by bluGill · · Score: 1

      Right. However in those situations the company will not say the employee was fired, they were laid off. Firing is used to mean that the employee was let go do to something the employee did. The company doesn't have to give a reason to lay someone off, but when pressed they are most likely to say something like: "We only had the budget for X people, and we had X+1, so someone had to be let go." The company will never say something bad about anyone let go in this case because they can be sued for it.

      If the company fires someone they will say in court "He was let go because his work was not up to par. Here are records that show he was reprimanded several times for excessive web use at work. Here is his output vs the output of his peers. He was not worth it." The court will then agree that the employee wasn't worth having, and the company has a right to bad mouth his work habits to other potential employers.

      Nearly all companies will try to turn the second case into a case of you resigning. In this situation they will say "Look, here are all your reprimands, and the situation hasn't changed, either resign or we fire you. If you resign we will tell anyone he asked that he left in good standing, and we are sorry to see you go. If we fire you we will tell everyone that you were a bad employee and they shouldn't hire you." Your choice, but only a fool would take the second option because it gives you a bad reference.

  65. 1+1=? by LokieLizzy · · Score: 1
    It seems to make sense that posting on a blog would be considered a liability, especially if you work in a job where you wouldn't want your boss reading what you wrote. Blog-keeping is fine for high-schoolers, and to an extent, for college students.

    But when you're ready for the real world, leave the xanga/livejournal behind. It's that simple.

    However, if your blog is used for matters of a technical nature, or if it's more about news than it's about you (or if you have the political clout to keep one without worry of repercussion), then go for it. Photoblogs are good in this respect, when they're not simply pictorial documentaries of what you and your friends did on the weekend.

    --
    My digital rights don't need management.
  66. First Amendment: Free Speech by Anonymous Coward · · Score: 0

    The First Amendment of the Constitution of the United States of America secures everyone the right to free uncensored speech. Period.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

    1. Re:First Amendment: Free Speech by Anonymous Coward · · Score: 0

      Yes,
      Too bad:

      1) The story is not about government censorship or punishment of blogging. The story is about corporate censorship.

      2) You don't know how to read the article OR the summary!

  67. This happened where I worked by Aexia · · Score: 1

    When I worked at AT&T Wireless, someone posted a bunch of fliers promoting new "cost-saving policies" that were going to be instituted. Mostly they mocked real existing ones(AWS doubled the price of cans of soda in break rooms) and the fact that money-sink MMS and the Executive divisions never seemed to be on the receiving end of these sorts of decisions.

    A lot of people assumed I wrote the flier for some reason.

    In any case, apparently, a scan of flier got included in a presentation to the SVP of Human Resources as an example of how bad morale was at the company.

    That's the right attitude to take: take the criticism into consideration instead of shooting the messenger.

  68. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  69. yes they can fire you by Anonymous Coward · · Score: 0

    yes, you are working in an "at will" work contract in most states, so by definition they can fie you for whatever reason they want.

    you CAN file for unemployment though :D

    1. Re:yes they can fire you by Floody · · Score: 1

      yes, you are working in an "at will" work contract in most states, so by definition they can fie you for whatever reason they want.

      Nonsense. I can think of many different reasons they can't fire you. Race, religion, sex?

      I'm not just being pedantic either. I realize these are all inherent qualities that nobody gets to choose (er, well, mostly), but where is the line in our personal lives over which an employer has "gone too far" when that decision is made to terminate?

      As the discriminatory cases show, there is such a line, and it's not just a matter of "whatever reason they want."

    2. Re:yes they can fire you by Leo+McGarry · · Score: 1

      I realize these are all inherent qualities that nobody gets to choose

      That's got precisely nothing to do with it. The fact is that we have laws prohibiting employers from firing you based on those factors. Everything that's not expressly forbidden is legal.

  70. That's right sheeple..... by Anonymous Coward · · Score: 0

    Fall into line and do what your corporate "massa" says. You should be grateful that this wonderful company is willing to pay your overeducated, experienced ass 5% of what the brain-dead, jerk-off, sad excuse for a CEO makes, even though he couldn't manage his way out of a fucking paper bag. That's right drop to your knees and fellate the corporate tools just so you can afford that big house, SUV, dancing lessons for your spoiled kids, and a health club membership for your lazy-assed "stay at home" wife.

  71. Freedom of speech! We love it! by erroneus · · Score: 2, Insightful

    We just don't like the vulnerability we feel when other people have it too.

    I find it interesting how little people see of the big picture -- the world centering around themselves so often yields such a limited perspective. I've brought the comparisson of western (by which I actually mean U.S.A.) society to eastern (by which mean Japan) society to illustrate an alternative way of thinking and considering things. Because the two societies are so different, it grants an opportunity to see how other people do things... a chance to see how things might be if they were different here.

    The issue about "blogging" is really no different than if it were discovered that you were talking to a reporter about your company or, for that matter, if your boss overheard you at a dinner conversation. If you're unhappy with things at work, it is an embarassment for the people you work for to have you go around telling people how you feel. While I'm sure they wish they had a better recourse such as violent retaliation against your family or the ability to erase the memories of those to whom you have spread your filth about the company, firing is just about the only weapon they can wield.

    In Japan, I think it is pretty well accepted that people will talk. They talk a lot. And what's more, people often worry about it so much that they do everything in their power to avoid anyone saying anything negative about themselves. This is a key motivator for many of the "positives" we see in Japanese society... if you've ever been there, you'd recall that they are patient, kind and generous to a fault. (At least, that was my experience.)

    It is also often said that asian women usually don't become obese like western women very often do. Many people attribute this to their dietary habits, which I will agree helps, but if you don't think they love them burgers and fries, that pizza and spaghetti, you name it, then you'd be very wrong. So why? Because they don't want people talking about how fat they are!!!!! So they simply do what it takes to avoid it.

    Again, it's the shame and embarassment issues that are motivators more than just about anything else. Here, it's simply bad manners to notice if someone is a fat pig and has unusually large breasts for a man. And if you SAY anything about it, it's on you! So the stigma is on the speaker rather than on the object of the speech.

    This is not usually the case in blogging, however -- the stigma goes to the object. So what are we to do as a society? Should we, the people, embrace our freedom of speech by making allowances for the fact that it is simply unavoidable? Should we, the businesses of the U.S.A., defend our public image with litigation and termination or through kindness and generosity?

    One thing is certain -- we, the people, are pretty damned short-sighted much of the time and care only about pleasing ourselves... this is pretty true about we, the businesses of america too... a damned shame isn't it?

    I think civics and social studies should be very emphasized in our schools now more than ever. (And they shouldn't graduate unless they can pass a U.S. Citizenship exam.) The kids will know, most of the time, if they are being lied to anyway -- so even being taught lies could be of value.

  72. And you thought "blog" was an annoying neologism. by hunterx11 · · Score: 2, Informative

    Sounds like people are getting dooced.

    --
    English is easier said than done.
  73. Common Sense by Physician · · Score: 1

    If you're really dumb enough to speak poorly of your company in public, you really do need to be fired.

    --
    Does God treat us as servants or friends? Check my homepage.
  74. Re:dooced? by Anonymous Coward · · Score: 0

    I believe the correct term for being fired for bloggin about the company is "being dooced".

    I'm pretty sure that's "douched". At least, if it isn't, it should be...

  75. Huh? by jsimon12 · · Score: 1

    This isn't new. It has been pretty common sense that if you speak publically about your employer in a bad way you are likely to see repurcussions. Why are people so surprised when they go out on the Internet and write about how stupid their employer is or how stupid what they are doing is. Duhhhhhh, you get fired.

  76. Logitech? by metamatic · · Score: 1

    Top secret Logitech space equipment?

    You mean like some sort of zero-gravity USB mouse based on alien tech from Area 51? Or a special force-feedback joystick for operating orbital mind-control lasers?

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    1. Re:Logitech? by Tim+Browse · · Score: 1
      Sorry - I meant Logica.

      Wow, I shouldn't post when I'm that tired :-)

    2. Re:Logitech? by metamatic · · Score: 1

      At least it wasn't jet-powered Big Macs from the McDonalds-Douglas corporation, or electroshock chocolate bars from British Aero Space.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  77. What is a blog? by Glowing+Fish · · Score: 1

    What is a blog?
    And how exactly, does "Writing about your employer in a blog" differ from "writing about your employer on a webpage"?

    --
    Hopefully I didn't put any [] around my words.
  78. Blogging changes nothing by EmbeddedJanitor · · Score: 2, Insightful

    What you should and should not say is not changed by blogging. There is no real difference to making a public statement by any means, including blogging, newspapers, TV etc.

    --
    Engineering is the art of compromise.
  79. Student blogging by Arysh · · Score: 1
    As an assignment-smothered university student, I don't currently have a job to complain about on my blog, but I still have a little tidbit to bring to this discussion.

    In my communications class (it's basically English for Dummies -- resume writing, powerpoint presentations and the like, all aimed at us socially-inept Computer Science students), my prof likes to use a modblog.com blog to communicate with the class. Before this term, I had a LJ that I rarely used, but in order to post on the class blog I decided to make myself one on that site as well and actually use it. This basically means that my Communications prof reads my blog... and sadly, she's probably my most frequent visitor.

    Now, I realize that this is a very different situation than a boss reading a blog, but I still have to watch what I say. This is a rather unpredictable prof (a feature that I think she's quite proud of), and I'm always afraid that she'll suddenly get her wireless connection working on her laptop, link to my blog to give an example, and click on one of the NOT WORK SAFE (but carefully labelled to avoid this problem) links to my artwork. None of it's bad, per se, but there are some religious types in the class who might freak out a wee bit at even an artistic nude of a Tauren with big boobs... and I don't want to have to deal with that. Furthermore, since the class's marking is very subjective, if I accidentally embarrass or disturb the prof, my marks might suffer... and I wouldn't even be able to complain because the whole purpose of the class is to learn how to communicate effectively and NOT embarrass/disturb people.

    I'm just glad I'm smart enough not to ever blog anything personal... though I think my boyfriend was a bit disappointed when he discovered that I'd only mentioned him once or twice in passing. In Slashdot posts, however... think I'll get in trouble for any of these? :D

    --
    "A signature always reveals a man's character - and sometimes even his name" - Evan Esar (1899-1995)
    1. Re:Student blogging by Anonymous Coward · · Score: 0

      You don't have to use your real name in your blog. Or tell people who might give you flak about it.

    2. Re:Student blogging by Arysh · · Score: 1

      Of course I don't have to, but if I want to plug any of my art on it... well, I use Elfwood, so my gallery has my real name on it, and my DA account can be traced to me pretty easily as well. I don't feel like being totally paranoid anyway. Better to let people know a little of what goes on inside my head without giving them anything particularly juicy :)

      --
      "A signature always reveals a man's character - and sometimes even his name" - Evan Esar (1899-1995)
  80. He's coming out as a furry. by Anonymous Coward · · Score: 0

    He's coming out as a furry.

    On a related note, I need to find a different forum.

  81. Ol'Jeffo also revolted against corporate power by MichaelPenne · · Score: 1

    run amuck, namely that of the East India Corporation.

    In fact, after the revolution, American corporations were severely limited in how big they could get and how long they could last by them ol'time laws. For instance:

    Corporate charters (licenses to exist) were granted for a limited time and could be revoked promptly for violating laws.

    * Corporations could engage only in activities necessary to fulfill their chartered purpose.

    * Corporations could not own stock in other corporations nor own any property that was not essential to fulfilling their chartered purpose.

    * Corporations were often terminated if they exceeded their authority or caused public harm.

    * Owners and managers were responsible for criminal acts committed on the job.

    * Corporations could not make any political or charitable contributions nor spend money to influence law-making.

    It wasn't until a SCOTUS clerk (right, not even one judge) declared corporations were people too, in 1886, that the socialist anti-corporate tendancies of our founding fathers were finally over turned, and corporations could once again regain their rightful place as our supreme rulers.

    So now you still have your little freedom of speech, but you just don't dare use it, or you'll end up poor, homeless, and alone.

    How about them Mets?

  82. Mussolini Loves You by fm6 · · Score: 1
    They can fire you for whatever reason they like. ... Stop this bellyaching about your freedom. You don't have the "right" to keep your job.
    Ah, another self-taught Slashdot social philosopher and legal expert. I'm afraid your idea of an employer's obligations are simplistic and ignorant. At the very least, a salaried employee almost always has an employment contract that specifies when he can and can't be fired. (Lots of hourly employees have them too.) And there are a lot of customs and laws that say that you can't fire somebody at a whim. In legal terms there are all kinds of fair employment laws that an employer ignores at his peril.

    Unfortunately, these laws are pretty easy to get around. Legally, you can't fire somebody for exercising their first amendment rights in ways that don't affect the company. But I have a friend who was targetted for termination the moment her personal web site was deemed "un-Christian". Of course, they had to find another official reason to fire her -- but HR departments are good at that.

    Even if there's no legal reason for an employer not to show an employee the door, it's stupid to call the relationship a "two way street". That guy who lost his job at Google after working less than a week had just left a secure job at MS and relocated to a new state. He's probably not gonna be homeless, but he underwent real hardship. By contrast Google is a huge entity that doesn't suffer much when an "individual contributer" bugs out. When they lose top management, it's a different story of course -- but those folks tend to have a much nicer severence package!

    Before you dismiss me as another bleeding heart liberal, stop and think what America would be like if employers had the power you think they do. They could dictate every aspect of their employees lives, from what church they belong to to who they associate with, to what books and magazines they read. (How would they know all this stuff? By sending inspectors out to employees homes. Ford Motors actually used to do that.) When one side has all the power and the money, there's no fucking two-way street.

  83. Good sense by yuri+benjamin · · Score: 3, Insightful

    It's good sense not to dis your employer in public.

    --
    You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  84. online persecution by rightwing protofascists? by Cryofan · · Score: 1, Interesting

    I have heard that some leftwing american online activists have been persecuted by rightwing Limbaugh-programmed protofascists who have, among other actions, stalked them online, found out details of their personal life, and contacted their employers, trying to get them fired. One such protofascist found a purported photo of me online and posted it as part of a response to one of my posts here on Slashdot. I have no doubt that if the rightwingbots here on Slashdot could find out where I work, they would persecute me there, too.

    --
    eat shiat and bark at the moon
    1. Re:online persecution by rightwing protofascists? by Anonymous Coward · · Score: 0

      You call people names and never cite any sources, nor do you ever have the guts to reply to anyone, is it any surprise no one takes you seriously?

    2. Re:online persecution by rightwing protofascists? by Mant · · Score: 1

      An AC talking about guts, oh the irony.

  85. whistle blowing by yintercept · · Score: 2, Interesting

    When blogging, you play the roles of subject, writer, editor and publisher. The whistle blowing laws are probably the best recourse for a fired blogger; however, without an established publishing institution behind blogs, I doubt whistle blowing cases will succeed.

    IANAL, but it seems to me that the whistle blowing laws pretty much assume a hapless employee blowing the whistle to an authority. Publishing your blog puts you in the compromised situation of being both the hapless whistle blower and the authority.

    I think the main issue here is not about freedom of speech... but lack of right to job.

    The problem with the current state of employment is that employees really don't build up any solid assets. If we were building assets while we work, we wouldn't be beholden to any particular employer.

  86. This is a surprise? by arwel · · Score: 1

    Different jurisdiction, of course, but when I worked for British Rail, like the other then 120,000 employees I was subject to the appropriate sections of the Rule Book which included gems like "All employees must observe passing trains and ensure there is a red light showing on the back" (without saying what we were supposed to do if there wasn't one), but more to the point it included the notorious rule A.1.4.4: "You may not make any public statement which reflects to the detriment of your employer". Then they went and privatised us, splitting BR into over 100 companies, so while we couldn't slag off our own employers in public, there were plenty of other railway companies we could criticise if we felt adventurous!

  87. How? Why? by Anonymous Coward · · Score: 0

    I'm not an American so this confuses me.

    People have been fired over here (NZ) for blogging about their work, but only if they revealed privileged info.

    I don't get it - can your employer fire you for anything there? Whats the deal? Don't employees have protected rights, such as against frivolous termination?

    1. Re:How? Why? by Anonymous Coward · · Score: 0

      in most places it works like this (except for some forms of discrimination):

      you can quit for any reason
      you can be let go for any reason

  88. Re:Not "Duh." What about postings unrelated to wor by pi_rules · · Score: 1

    Employers aren't "granted" the right to fire you for what you do on our spare time at all. That's a natural right they have, and the government can only step in to intervene when society has deemed those reasons improper, such as with sexual orientation.

    My employer has every right to fire me because of a novel a right.

    Conversely I have every right to quit my job if my employer writes something that I don't agree with.

    It works both ways... if you have the ability to quit at any time for any reason then your employer has the ability to fire you at any time for any reason.

  89. *NEWSFLASH* by Lonath · · Score: 3, Insightful
    I've figured out three simple rules about this wacky IntarW3b thing that help guide me when posting things online.
    1. Everything you post will be there forever.
    2. Everyone will eventually know who you are.
    3. Anyone who cares will eventually read what you post.


    Seriously, do people think that because there's a new and easy way of updating their websites (which is all that blogs are...simplified website management) that somehow they magically get a +5 Shield of I Can Say Whatever The Fuck I Want Without Repurcussions? Blogga, please.
    1. Re:*NEWSFLASH* by mav[LAG] · · Score: 1

      A wise man gave me the same advice many years ago before I jumped into Usenet - for which I'm very grateful. Sure, searching for my name brings up the odd silly or uninformed comment but at least I don't come across as a screaming idiot. I know at least one guy who didn't consider the consequences of future employers searching for what he had to say in 1995 on comp.sys.ibm.pc.demos - and then deciding they could do without him. Unfair? Maybe.

      --
      --- Hot Shot City is particularly good.
  90. And when everyone here... by Anonymous Coward · · Score: 0

    is fired for posting on /., I wonder if there will be an about face.

    Should an employer be able to fire you even having a blog? How about for having a bumper sticker that says, "Bite me" ("that phrase does not promote a positive company image, and since your car is seen on company property...")?

    The simplist will throw around 1st amendment quotes without really considering "if congress writes a law that says it is okay to fire you for saying 'sucko', that contradicts 'congress shall make no law'". Of course, you signed an NDA, so you are not even able to discuss why you were fired with your future employer ("discussing corporate policy is strictly forbidden").

    Of course no one wants to discuss what happens when your employer keeps a blog.

    If you want to make terms of employment 'at will', let's make it truly 'at will' and shitcan drug tests, NDAs, criminal background checks, and the like. You get to know if I have the qualifications to perform the job and nothing more. And when air traffic controllers quit en mass, remember employment is 'at will'. If that leaves you with a huge lawsuit (or a mid-air collision), oh well. Your hypocracy has served you well.

    If you are going fire people for keeping a blog, it might be a good idea to consider how keeping the blog is negatively affecting job/company performance (which is the only credible criteria).

    Short of that, you justify firing anyone from being black to having too many cutesy figures on their webpage ("they must be gay"). It's just a matter of how much you want to twist your logic to justify it (which it seems several here are fairly adroit at).

  91. If Slashdot hasn't got you fired yet... by markmcb · · Score: 1

    ...we'll try to help you out at OmniNerd.com :-)

    --
    Mark A. McBride -- OmniNerd.com
  92. Re:whistle blowing & apple by hastings14 · · Score: 1
    Blowing the whistle to the press works when the government is involved. If you are blowing the whistle on a corporation, its probably better to just go tell the goverment.

    without an established publishing institution behind blogs, I doubt whistle blowing cases will succeed

    It occcurs to me that if a Court grants the Apple bloggers the same rights to protect their sources that "real" journalists have, then that could be considered a precedent in treating a blog like a real established publisher would be treated.

    In the long term, I think it is inevitable that at least some blogs will be treated like established publishers, but it may be awhile.

    It would be interesting to see a survey of how many established news sources are open to criticism of their own new organization by their own journalists.

  93. Business doesn't have a "right" to squat by maynard · · Score: 2, Informative

    "Employers aren't "granted" the right to fire you for what you do on our spare time at all. That's a natural right they have, and the government can only step in to intervene when society has deemed those reasons improper[...]"

    Corporations are "granted" the right to exist as soon as the state registers their articles of incorporation. The state has a right to confirm or deny articles of incorporation, as well as revoke those articles by court order at a future date. Thus, employers are -- by definition -- "granted" rights by the state. Further, corporations and other organizations can NEVER have inalienable rights; that is something expressed within our constitution that is limited ONLY to human beings. Corporations and other organizations have NO natural rights.

    However, you seem to support the notion that businesses should have every right to terminate employment "at will" for any reason whatsoever. And consider the right of an employee to resign "at will" gives equitable parity to this arrangement. I think Adam Smith would disagree. Speaking of the power relationship between the employee and business holder, as well as foreseeing the potential for future unionization disputes. Smith says:

    "It is not, however, difficult to forsee which of the two parties must, upon all ordinary occasions, have the advantage in the dispute, and force the other into compliance with their terms. The masters, being fewer in number, can combine much more easily; and the law, besides, authorises, or at least does not prohibit their combinations, while it prohibits those of the workmen." - Wealth of Nations, Book I, Ch. "Wages of Labor"

    Smith was actually quite concerned about power disparities between labor and employers leading to massive immoral conduct by employers. He knew very well who were the "masters" and was quite open to the use of government authority to curb unreasonable abuse of power. And while he is considered a paean of free trade due to his theories on capital allocation inefficiencies due to protectionist policies, he would have been the first to say that certain market inefficiency are still desireable by society, even if the misallocate capital in the process. I suspect he would consider our transfer of high technology manufacturing and engineering skills overseas outright policy insanity.

    Anyway, your employer doesn't have a "right" to squat. The owners of that business have the same inalienable "rights" as do us all. The business the own, however, is bound to abide by whatever civil law legislators deem desirable.

    Cheers,
    --Maynard

    1. Re:Business doesn't have a "right" to squat by ruzel · · Score: 1

      Hate to tell ya, Maynard, but corporations have a lot more rights than you seem to suspect.

      In 1975 federal courts began to recognize coporations as entities that could be protected under the fourth amendment right. In 1986 Dow Chemical stopped the EPA from flying planes over its property thanks to its proclamation that it had fourth amendment rights. That same year California courts granted one of their public utilities protection under the 1st amendement.

      They have been granted rights. Their charters are almost NEVER revoked. They can be in more courtrooms than you can, talk louder than you can and are gaining ground on you every day.

      Until there's a constitutional amendment that states that corporations have no natural rights, they will continue to persue them. It is only too easy to see that it is in their best interests.
      ___________________

    2. Re:Business doesn't have a "right" to squat by Anonymous Coward · · Score: 0

      That's an interesting link. Thanks. --M

  94. Just because you can by Pingsmoth · · Score: 2, Insightful

    doesn't mean you should. If you're writing a blog, you should know that you are writing for the world. If you go to work and cuss out your boss, you have every right to do so, but you still may get fired for it. Blogs are no different -- it's not as if you are complaining in your own home to your friends. Your boss could be reading your blog, and if you're dumb enough to cuss him out in that type of public forum, you had better be ready to face the consequences.

    --
    http://www.walkingtaco.com
  95. I disagree. by Anonymous Coward · · Score: 0

    Freedom of speech, as the saying goes, does not mean freedom from consequences.

    If you have consequences, or if there is a cost to your speech -- it's not free.

    1. Re:I disagree. by Leo+McGarry · · Score: 1

      Okay. Then don't call it free. Call it "constitutionally protected." You'll have a fit of apoplexy whenever you read the first amendment, you know, the part where it says "Congress shall make no law abridging the freedom of speech," but that's okay, right?

      Hmm. Come to think of it, maybe it makes more sense for you to rein your definition of "freedom of speech" in to more closely match the definition adopted by everybody else in the world. You know, the one that distinguishes between being free to speak and being free from responsibility.

    2. Re:I disagree. by Anonymous Coward · · Score: 0

      Okay. Then don't call it free. Call it "constitutionally protected."

      How are you protected if you can speak words that will change your status in the world in a negative way? If you can be fired for saying something on your blog (like the truth, or your personal opinion), and then you are fired for it -- how is that any form of protection?

      What about whistle-blowers? Should they be fired for airing dirty laundry?

      I guess what it comes down to is that if someone wants to blow the whistle on their company -- should they be fired from that company? If they are the only sane person there, I think it's in the public's best interest to keep them on...

      You know, the one that distinguishes between being free to speak and being free from responsibility.

      Well if what you are saying is opinion -- everyone's entitled to their opinion. Your boss could equally air an opinion of you as a result of what you say about the company, for example. But what it boils down to is this:

      What can you do against your company if they are doing wrong?

      What can they do to you if you are doing wrong?

      There is no balance there. The power lies with authority to command power, and that authority comes in the business world from money.

      My point is that people should be able to say whatever they want without any reprocussion by any entity. Government must protect citizens from corporations who fire at will, over politics.

      They have to have a poor track record to be fired, is really what I'm saying.

    3. Re:I disagree. by Leo+McGarry · · Score: 1

      How are you protected if you can speak words that will change your status in the world in a negative way?

      The purpose of the Constitution is to protect the people from our government, not from each other.

      Fine, don't call it "protected" either. Call it whatever the hell you want. Call it totalitarianism, call it a police state, call it Nazi Germany. Whatever. It's not going to change the fact that we do enjoy the freedom of speech, and that the other side of the "freedom" coin is labeled "responsibility."

      What about whistle-blowers?

      We're not talking about whistle-blowers. That's a whole 'nother subject, one we could discuss for hours and hours. It's not relevant here, however.

      Well if what you are saying is opinion -- everyone's entitled to their opinion.

      That's the truth. But I don't think it's really what you meant to say. From reading the stuff you wrote in your first paragraph, it seems to me that what you meant to say is, "I'm entitled to my opinion, and everybody else should be required to accept it cheerfully."

      That's not how it is. The fact is, you're entitled to your opinion and I'm entitled to mine. If my opinion of you, based on what you write on your blog, is that you suck as a human being and that I don't want to employ you any longer, them's the breaks.

      What can you do against your company if they are doing wrong?

      Again, not the subject here. We're talking about bloggers, not whistle-blowers. Different, unrelated topics.

      My point is that people should be able to say whatever they want without any reprocussion by any entity.

      It's mathematically impossible for that to be true of all citizens at the same time. Want proof? Here we go.

      There are three people in a room. There's you, and me, and my friend Bob. Bob and I have known each other for years. Bob trusts me, and listens to my opinions.

      You say, "I think oranges are nasty. Apples are way better."

      I, hearing you say this, say, "I think people who think oranges are nasty are mentally ill."

      My friend Bob hears both of these things. Because he trusts me and listens to my opinion, my statement influences him. He begins to suspect that you are mentally ill.

      You subsequently go to Bob and ask for something. Help moving your couch, let's say. Bob, acting under the suspicion that you might be crazy as a loon, declines.

      The net result? Because you expressed your opinion, and then I expressed my opinion, you got stuck having to schlep your own couch.

      Now imagine that the order of the statements is reversed. Imagine that I start by saying that I think people who don't like oranges are crazy, to which you reply that you don't like oranges. The net result is exactly the same, even though the order is reversed.

      Which one of us should have been suppressed by the government? You, for voicing your opinion in the first place? Or me, for voicing my opinion? It was my statement that influenced Bob, but in either example, if you hadn't made your own statement, you would have suffered no consequences. Which one of us should have been jailed for practicing illegal speech? Because obviously both of us can't be allowed to speak. If we both speak, you suffer consequences. So one of us has to be silenced. How do we decide which one it should be?

      Or would you rather just circumvent the whole question and have the government require Bob, under penalty of law, to help you move your couch?

      See what I mean? It's a contrived example, yes, but that's because it's meant to prove that your theory is mathematically impossible to implement. If you want to be completely free of consequence, then I'm going to have to be suppressed. But if I want to be free of consequence, then you're going to have to be suppressed. If either one of us is suppressed, obviously not everybody is free to say whatever he wants. See? There's just n

  96. When were companies granted "rights"??? by maynard · · Score: 1

    It's about the companies rights.

    "We hold these rights to be self evident..." refers to human beings, not social organizations. When were companies granted "human rights"? Companies have obligations to the state first, and their shareholders second. Which means if the state demands that they follow certain rules of conduct with their employees, companies will be forced to do so. Further, a corporation's articles of incorporation may be terminated by the state through a court order at will. Convention (and rational economic policy) deems it necessary for the state to revoke articles of incorporation very rarely. Further, certain states may set legislation which sets limits to for revoking and refusing incorporation articles within strict guidelines. However, federal and state constitutions do not give corporations "inalienable rights". Those are reserved for human beings, and will remain so without a constitutional amendment. --M

  97. Doesn't even matter if you talk about work by rawg · · Score: 1

    My business partner doesn't like me having a blog. He says that what I write in my blog may reflect badly on the business. Since it's a Public thing, and all you have to do is type my name into a search engine to find it, it may be true. I mean, people do have their opinions of others. If some big corporate type happens across my blog and finds out that I'm a skateboarder, or that I like 4x4 wheeling and that corporate type doesn't like those activities, then they may think badly of my company for having me as a partner. Never mind that I am writing their whole computer system and it works great.

    Some people just look down on others for no good reasons.

    --
    The above is not worth reading.
    1. Re:Doesn't even matter if you talk about work by interstellar_donkey · · Score: 1

      Well, if I knew that the money I gave to a company was going to support one of the owners skateboarding habit, I'd rethink my business relationship.

      Sure, Skateboarding is not a crime.... but it should be.

      For me, I just use a pseudonym for all my online activities. It's always been a good rule of thumb to keep your personal thoughts and feelings and the persona you put forth in a professional environment separate. It just would be too awkward if I went to a high powered business meeting and somebody said "Aren't you the guy who writes stories about alcoholic donkeys that fly through space?"

      People are going to be judgmental. Don't hurt yourself because you think they shouldn't be.

      --
      The Internet is generally stupid
    2. Re:Doesn't even matter if you talk about work by rawg · · Score: 1

      So true. Skateboarding is not a crime, but there are a lot of criminals that skateboard.

      I started another business and write about that to throw people off from my primary business. When they go to my web page, they see my "hobby company" and think I'm someone else... Well, until they see my web cam and photos. ;-)

      --
      The above is not worth reading.
  98. Why you're wrong by bonch · · Score: 1

    Everything should be examined on a case-by-case basis. You shouldn't be fired because you support a different political party (though it's probably still legal if you are fired for that), but you can be fired for badmouthing the boss publicly.

    Why are there so many people these days online who think everything is leading to something else? "Oh no, this happened, it's only a matter of time until so-and-so." Um, no. Not everything is some downward spiral to something else. There are boundaries that are defined by the law on a situational basis. You know how there are different levels of murder? Not everything is black-and-white, and just because someone isn't allowed to say whatever the hell they want doesn't mean your rights are getting "eroded away." Get real!

  99. And here I thought that those days were over... by wintermute42 · · Score: 2, Funny

    Well color me clueless. I thought that in the current job market you could not be an egotistical software engineer, since there is no shortage of engineers. This story sounds like something from the 1990s.

    But perhaps it is just that I am a humble mortal of minimal skills and this is why I have this impression.

    1. Re:And here I thought that those days were over... by Anonymous Coward · · Score: 0

      Well color me clueless. I thought that in the current job market you could not be an egotistical software engineer, since there is no shortage of engineers.

      Not true. The problem is that there's a shortage of qualified engineers. There are lots of people who got engineering jobs in the late 90's that were totally incapable of performing their job. When those people got laid or their companies failed, they assumed they could find a job in the new market. Lessons were learned, and people stopped hiring any random bum off the street to be a software engineer.

      About 3 months ago, I interviewed some people for some mid-level programming positions at the company I work for. It took about 20 interviews before me and my colleagues could fill the 2 open positions.

      Anyways, there was one arrogant guy, and he's the one I wanted to hire the most. As it turns out, he accepted a position in another company.

      The job market isn't bad for competent software engineers, it's bad for people who should not be software engineers. The market is flooded with people who really have no place even applying for the jobs.

    2. Re:And here I thought that those days were over... by renehollan · · Score: 1
      It's not ego... it's skill. How many world class profitable products have your had a major role in shipping in your career?

      However, it is difficult to get some interviewers to belive that one is not bullshitting.

      I find the idiots just assume I'm full of bull because I'm not appropriately humble, the smart ones however take the "Oh yeah, you think you're shit hot? Prove it! How about..." and I do.

      I usually get an unsolicited job offer about once a month.

      The hard part is when trying to tone down honest skill:

      "Are you a C++ expert?"

      "No."

      "Hmm, you seam skilled... why do you say that?"

      "Well, while I can understand much of Alexandrescu's "Modern C++ Design", template template parameters and some of the nifty things he does with type traits threw me for a loop at first, and it does take me a couple of scans to get some of the subtleties in his approach. I don't grok them intuitevely at first blush."

      "A template? Oh, you mean like a C++ class as opposed to just a C struct, right?"

      "Sigh :-( O.K. look, how about I give you an example?"

      "Sure!"

      "Consider a need to have a numeric type that's wide enough to hold some compile-time constant number of bits. How do you do that?"

      "Oh, #defines in a common include file somewhere, where are you going with this?"

      "Well, that requires you to change the file for each new platform, or supply a different version. Now, C++ has standard short, int, and long sizes, but they're minima, and while an int might be big enough on one platform, it might be too big on another. This is particularly true on embededded platforms, where compilers tend to be non-standard."

      "Er, O.K. Go on." (looks at watch and rolls eyes)

      "So what you do, is set up a TypeList a la Alexandrescu in one of his introductory chapters, with element types that know the size of each of the basic types, and you have a template use that typelist, to return the type that best matches the size you need."

      "But..." (confused) "... functions don't return types, they return object... are you talking about RTTI? Because we don't use that."

      "No, RTTI tends to be expensive at run-time, as well as exceptions and multiple inheritence and is best avoided if at all possible. Though, I can see the need to do this dynamically, but then it's easier with a classical rather than a template metaprogramming approach. You see, you use template metaprogramming techniques to do the computation at compile time, for bit-widths that you know at compile time -- the compiler does the work so you don't have to, and so your code doesn't have to at run time -- the whole point of template metaprogramming."

      "...?..."

      "The template resolves to a type that has an inner typedef by a fixed name that resoves to the type you need."

      "Er, we don't use C++ that way".

      "Well, it isn't necessary, and frankly, while the C++ template metaprogramming environment is Turing -complete (not sure about C# with generics, though), it is rather an ugly way to code. Simply reading Alexandrescu is hard if you don't grok the idioms. Still, there are times when it's increadibly useful to let the compiler do the work instead of doing it manually when porting to a new architecture. Look, you don't do it everywhere, in the same way as your 'common include file' tends to be small (or at least starts out that way), but it is handy."

      "Wow! You are a C++ expert!"

      "No, I actually have to think about such esoteric techniques and work at them. An expert would crank them out in their sleep. Alexandrescu, I'd call an expert. I'm disclosing the limits of my skill, to be completely honest. If you had to chose betweem me and Alexandrescu on the basis of expertise, he'd be a better choise, probably. Fortuantely for me, I don't think he's interviewing for this position. Still, you should know the limits of my skill."

      "Tell me more: why are you interested in such esoteric things?"

      --
      You could've hired me.
    3. Re:And here I thought that those days were over... by Trillian_1138 · · Score: 1

      Okay, now you've piqued *my* interest. I don't pretend to be very good at programing, but I'm really curious how the program printed a list of prime numbers when it was compiled. Any links?

      -Trillian

    4. Re:And here I thought that those days were over... by renehollan · · Score: 1
      Google for "template metaprogramming" and "prime".

      Among the results are this one.

      Now, in all fairness, it relies on generating error messages that include prime numbers in the output (and gcc produces a bunch of warnings that pollute the output), but it's still a neat hack.

      --
      You could've hired me.
  100. Big difference between whistleblowers and .... by bs_02_06_02 · · Score: 1

    There's a HUGE difference between whistleblowers and the morons blogging their pea-sized brains out. Most of these bloggers are NOT whistleblowers. They're complaining about the boss. Or they're complaining about him, her, or the people down in department 99. They usually admit to doing stupid shit on company time, and that, my friends, is tantamount to theft. You fuck around on company time, that's grounds for dismissal. I don't care whose rights you think are being violated. If you cash your paycheck, and you did nothing to earn some or all of that money, that's tough shit.

    Let's face it. Most people are stupid. They blog, they send emails, and they admit to shit that they wouldn't dream in their wildest hallucinations would come back to haunt them. Yet when the boss drops them the pink slip, they have the nerve to be shocked! Most of these dumb fucks that work for Best Buy or these other places were not there to put in an honest days' work, they were there to scam their way to some free shit. And they did their best not to get caught. While Best Buy happens to be the company in this particular post, I don't think that Best Buy is totally without blame either. They're just as bad (or as good) as any other company out there. But I think the actual number of whistleblower bloggers is a very small number. The rest of these bloggers, spouting off a bunch of noise? They have no clue that this shit will come back to haunt them. Face it. Email, blogs, this shit is forever. Google (and dozens of other sites) capture all this stuff and archive it. What are you going to do when your blog says you fuck off all day at work, and your employer fires you for admitting it? Are you trying to tell me that you think these morons have a right to a job?

    Bullshit.

    --
    -- No sig for you!
  101. Re:dooced? by jcuervo · · Score: 1

    "Doosh" is the spelling I'm familiar with... comes from some online gaming thing or another. I believe I first became acquainted with it in SOCOM 2 -- it means "we just waxed your bomb carrier hard".

    --
    Assume I was drunk when I posted this.
  102. How long until Joe Blogs? by NeuroManson · · Score: 1

    In other words; How long until someone with an axe to grind, a long term grudge, or just to be an asshole, starts up a blog with their chosen target's name, and starts talking smack about the company they're employed by?

    Hell, I could see something like that happening with interoffice politics. Don't like the guy who rejected your idea for a USB powered vibrator? Make a blog and watch as he clears out his desk, and is then escorted off the property by security/

    As long as you have a rudimentary knowlege of your target, I doubt there's anything you cannot do, if you're a complete bastard.

    --
    Just because you can mod me down, doesn't mean you're right. Shoes for industry!
  103. hints for safe speech by edward.virtually@pob · · Score: 3, Informative

    1. be anonymous or use an alias
    2. avoid using personally related specifics
    3. be ready to accept the consequences of being id'd

    bloging about where you work in your own name breaks all three of these.

    fwiw, an interesting historical fact is that the founding fathers used aliases when submitting letters to the colonial newspapers advocating revolution against england -- for obvious reasons. these days most newspapers will not accept letters without verification of identity, which is one reason online commentary is more popular and expresses more risky opinions.

    1. Re:hints for safe speech by burdalane · · Score: 1

      Better idea: Don't work for someone else. Why bother spending 8+ hours a day working for a boss and stuck with other people if you're only going to die in the end? You'll be lucky if you even remember who you are when you die. It's about time that violent felons and robots were put to work while law-abiding citizens take a perpetual vacation.

  104. Who modded this guy up? by Anonymous Coward · · Score: 0

    Waitaminit- are you saying I should NOT have used my blog to post photos of me and the bosses' daughter at it on top of the copy machine?

    If you'd included a URL, this would have been +5, Funny. Instead it's just -1, Disappointing.

  105. Religious Discrimination by Anonymous Coward · · Score: 0

    Actually, at least here in California, you are not allowed to ask a person's religion or where they go to church or anything like that to a potential job candidate.

    As an aside, though, there are variations in regards to contract employees. I worked through a headhunter many years ago and, one evening, I got home to find a message on my machine, something to the effect of:

    "Hey, I have a contract position which you might be really interested in. Neat project, neat company. I only have one question: 'Are you Jewish?' Give me a call."

    It turned out that the position would require some travel to Saudi Arabia and that might have been a problem if I were Jewish. Fortunately, it was not a problem for me. But because the company couldn't ask that question in an interview, they went through out-of-state headhunters who could.

  106. Hmm by Chanc_Gorkon · · Score: 3, Insightful

    I can see being fired for a lewd picture taken in the workplace. I can see being fired for revealing a hot new product on the web. I can see being fired if you revealed other corporate secrets on your blog but I cannot see why the Queen of the Sky was fired. First off, the pictures on the blog don't even reveal to me that she worked for Delta. So what that she showed a bit of cleavage. I have seen more cleavage when the attendent was serving my drink! Maybe we do need to revisit the first amendment. It should be allowed for you to state your opinion of your boss on your web page....just don't reveal his name! ;)

    --

    Gorkman

  107. Cite sources pls by Anonymous Coward · · Score: 0

    Let it be known where this notion comes from:

    POKEY

  108. Mass media desperately trying to scare bloggers by michaelmalak · · Score: 4, Insightful
    So CNN is jumping on the bandwagon of scaring bloggers. The Washington Post did it last month. See the latest in my "media desperately trying to ignore bloggers" series, Wash Post desperately trying to scare bloggers. Actually, we can see that the mainstream media has now progressed from the ignore phase to the badmouth phase (analogous to Microsoft's behavior toward Linux).

    Regardless that the risk of losing a job is real, the CNN and Washington Post stories fail to mention the benefits to society of news blogs like mine that highlight the relevance of buried stories, and even break stories from time to time.

    The press is supposed to be acting as the unofficial fourth branch of the U.S. government, to keep the other three in check. This is eloquently summarized in a 2002 6th Circuit Court decision:

    In our democracy, based on checks and balances, neither the Bill of Rights nor the judiciary can second-guess government's choices. The only safeguard on this extraordinary governmental power is the public, deputizing the press as the guardians of their liberty.(1) "An informed public is the most potent of all restraints upon misgovernment[.]" Grosjean v. Am. Press Co., 297 U.S. 233, 250 (1936). "[They] alone can here protect the values of democratic government." New York Times v. United States, 403 U.S. 713, 728 (1971) (per curiam) (Stewart, J., concurring).

    [...] [Footnote 1] A draft of the First Amendment specifically referred to the press as "one of the great bulwarks of liberty." New York Times v. United States, 403 U.S. 713, 716 (1971) (per curiam) (Black, J., concurring).

    If the mainstream media were doing its job to serve society, it would picking up the stories from blogs rather than trying to scare bloggers. The bloggers are the ones on the front lines defending democracy, not the mainstream media. The mainstream media is interested only in defending its bottom line. (Which actually -- at least for those that are publicly traded -- they are required by law to do. How did we end up with such laws that strike at the heart of the First Amendment?)

    The mainstream media is scared. After the tenth anniversary of Yahoo!, they haven't figured out yet what to do with the Internet. In a desperate bid, the Washington Post just bought Slate -- a marriage as divine as AOL/Time Warner. Here are two quick suggestions for any mainstream media moguls who happen to be reading this:

    1. Provide deep links to primary source documents like the bloggers do (court decisions, legislative bills, corporate press releases, etc.)
    2. Allow the readership to vote stories up to the front page. (Advanced: provide for affinity groups, in the manner of Amazon.)
    It's not that simple, of course. The mainstream media is afraid of losing access to information sources who also happen to be subjects of news stories from time to time -- e.g., the White House. There is also probably a bit of old-fashioned snobbery, that they're here to tell us the news, not to give us primary sources nor to let us participate in editorial decisions.

    The first mainstream media outlet that can leverage its brand, overcome these hurdles, and embrace the nature of the Internet (namely, linking and collaboration) stands to make a financial killing while simultaneously living up to their charge by the founding fathers of being our "guardian of liberty."

  109. How about brand preference, etc? by phorm · · Score: 1

    Being fired because you were photographed drinking Coors in a bar, when you work as a loader for Bud Light? I can't remember the exact beer brands, but this does happen.

    Free speech is one thing, but what are a persons rights against a company dictating what you can do on your own time vs the risk of losing your job. Can they dictate personal preference?

    *Note: Not a rhetorical question, I ask this because I'm not sure how it works in US law

    1. Re:How about brand preference, etc? by Anonymous Coward · · Score: 1, Informative
    2. Re:How about brand preference, etc? by Mycroft_VIII · · Score: 4, Interesting

      This seems a fairly good place to point out that the first amendment is an injunction against the government, not against private companies and individuals. Though there are laws that extend limited protections, such as whistle-blower laws.
      So yes your employer can fire you for saying things he doesn't want to hear, but the government can't lock you up for your opinions (in theory, exceptions do exist).

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    3. Re:How about brand preference, etc? by mirko · · Score: 1

      The World Beer Conference just ended and the CEOs of the biggest breweries decide to go out for a drink together.
      The Corona guy asks the barman: "I'm gona take the tastiest beer in the world : a Corona".
      The Budweizer folk says: "I'll go for the best there is : a Bud"
      The Heineken man goes: "An Heineken, or nothing !"
      The Leffe man then asks: "Give me a glass of Diet Coke, please"
      Then the others: "Why don't you order a Leffe ?"
      Answer: "Comrades, if you don't want to drink beer, I won't either"

      --
      Trolling using another account since 2005.
    4. Re:How about brand preference, etc? by PriceIke · · Score: 1

      That is so wrong. (Getting fired for being photographed drinking a competitor's product.)

      It is NOT, however, illegal. This guy's employer can fire him for whatever he wants. I think the employer is wrong in this case, but that doesn't mean this poor guy's rights were somehow violated. People get fired from jobs for wrong reasons all the freakin time.

      --
      It's not a lie. It's the truth with lossy compression.
    5. Re:How about brand preference, etc? by hesiod · · Score: 2, Informative

      > that doesn't mean this poor guy's rights were somehow violated. People get fired from jobs for wrong reasons all the freakin time.

      There's a term for that: wrongful dismissal, and yes, it's against the law.

    6. Re:How about brand preference, etc? by JLMooreKCMO · · Score: 1

      Wrongful dismissal would require a more grievous reason such as racism, sexism, and so on.

    7. Re:How about brand preference, etc? by JLMooreKCMO · · Score: 1

      You basically work at the pleasure of your employer.

    8. Re:How about brand preference, etc? by hesiod · · Score: 1

      Really? So I can be fired for any arbitrary bullshit reason and have no recourse? Then the law is not complete.

      My employer can say "We fired him because his hair was always a millimeter too brown" and the judge has nothing to say but "case dismissed?"

      Does it have to make sense?

    9. Re:How about brand preference, etc? by JLMooreKCMO · · Score: 1

      You do not get justice or sense out of a court room what you get is a decision

    10. Re:How about brand preference, etc? by hesiod · · Score: 1

      That's a bit cynical. There are appeals. If a judge makes a senseless decision, you can appeal it, assuming you can prove it was senseless or new evidence appears. If you are not allowed to appeal for some reason, you can still sue the state. Good luck winning, tho.

    11. Re:How about brand preference, etc? by JLMooreKCMO · · Score: 1

      Hope it's not too cynical, just mean to say If your chilled is murdered and the culprit is caught, tried, given the appropriate decision, have you received justice? If you have surgery for appendicitis and the doctor forgets to put you on oxygen and you spend the rest of your life as a vegetable. You sue and the doctor looses has to pay expenses for the rest of your life, even if you get a large cash settlement, have you received justice. Criminals go free, innocent are sent to jail, crucial evidence is thrown out. Justice is an ideal which hopefully Laws are written to uphold.

  110. In Miami, it's easy to discriminate vs blacks... by Anonymous Coward · · Score: 0

    All you have to do is find some excuse for requiring that all your employees speak English AND Spanish. It's mostly a non-issue for Anglo Miamians, because those who really, fundamentally, couldn't deal with having to learn Spanish fled to Broward years ago. On the other hand, the one group that consistently refuses to learn Spanish is blacks. Pragmatic white kids take Spanish in high school when they're forced to take a foreign language. Black kids think they're being "cool" by studying any language BUT Spanish. Ergo, requiring that your teenage mall sales staff (or waiters/waitresses, receptionist, etc) be at least passably bilingual filters out MAYBE .5% of the whites, but eliminates 99.8% of the black applicants outright.

  111. Employers' control ends at clock out. by CherniyVolk · · Score: 4, Insightful


    I'm ex-Navy (US Navy). One thing I noticed while serving was a distinct reaction us "smurfs" had when "kahkis" (officers and chiefs) were present. Neither group could relax. Relax in the sense of lowering formalities, we continued to show the exact same military bearing and the excessive drinking didn't start till the cheifs and officers left. I learned, that there is good reason to seperate your social life and your professional life and gaurd this seperation fiercly.

    Companies enforcing their regulation beyond the scope of their assets (workspace as far as I'm concerned) is both ignoble, and if it's not illegal it should be.

    Instead of companies accepting the fact they are increasingly subject to public opinion (Internet, blogs, free communications to Hong Kong etc.), they prefer to oppress us and fire those that pop off hints that investors and share holders might not have known. I bet companies wouldn't like it one bit if I told them that if I am to abide by their corporate policy, on my free time, then they should pay me the overtime ontop of my salary for 24hrs work per day; 7 days a week, 52 weeks a year. Microsoft wouldn't even last long with employee pay being that high!

    I very much disagree with the extortion these companies are pushing onto the workers. But, there is a precedent that the companies might use.

    I'm a government worker. I hold a clearance. I'm not paid 24/7 all year round to... maintain my clearance... however, I gladly do so becuase I work for the government and the nature of my job. It's complicated I suppose, here's the difference in another way... I gladly pay taxes to support my government, but I do not want to live under the thumb of a corporate monopoly. That's the best way I can put it. Companies are different, and they are in NO position to enforce their policies on me while I'm not on the clock.

    I say that every person that works for any public company should open up a blog. Every one of us, and talk about our work on our blogs. They CAN'T fire the entire work force, even if they tried the government would step in and settle matters.

    Watch out, here comes Big-Business!

  112. Workplace != Supermarket by quarkscat · · Score: 1

    At least, that's what my dad used to say, so
    I don't get my meat where I get my bread.

    I have missed some great opportunities for
    some "recreation" with co-workers, but have
    never suffered from (AFAIK) the down-side.

  113. RTFA by danila · · Score: 1

    Seriously, has anyone read the FA? It's absolutely clear that in those cases described by the CNN journalist employees were not fired because they disclosed sensitive information or badmouthed the company. They were absolutely within their rights to disclose those facts (Apples shipped to MS campus, Google relocation policy) or make those photos (in the plane). Such facts are routinely discussed with friends over dinner, with spouses, with colleagues from other departments, etc.

    The firing were absolutely random and arbitrary. The manager didn't like it and thought it "could reflect negatively" on the company. Guess what, fucktard, your decision to fire a competent employee reflects on your company much worse.

    Yes, in the capitalist shithole known as the USA workers have very few rights and most companies can fire them at will. But 1) it doesn't make it right to fire people, 2) it is stupid to fire competent people for no valid reason, and 3) the USA is still a capitalist shithole.

    --
    Future Wiki -- If you don't think about the future, you cannot have one.
    1. Re:RTFA by Anonymous Coward · · Score: 0

      With a mouth and an attitude like yours, I can only guess that you have been fired many times.

      Right?

      I feel like firing you right now!

  114. What's Connection Between Trust and Public Blog? by reallocate · · Score: 1

    what's the connection between trust and publishing in public? If a blogger says his boss is a corrupt toad stealing money from orphans, why is that statement more trustworthy than if it was made over a couple of beers in a bar? Lot's of people make mistakes and lie in public.

    A blogger may expose his biases and influences on his blog, but that doesn't build trust. It just provides me an understanding of how I need to filter everything that blogger writes. That's the same process that clueful readers have always applied to the consumption of any news source.

    --
    -- Slashdot: When Public Access TV Says "No"
  115. Just a gentle reminder by Moraelin · · Score: 2, Interesting

    One day, me and a couple of co-workers were out having a smoke, watching the gentle bunnies graze. And along comes this big cat (siberian maybe?), scares the bunnies away and _literally_ goes and uses one bunny hole as a toilet. Hey, I suppose it beat digging her own hole for that.

    Basically just because you're a gentle bunny, doesn't mean that the others will leave you alone.

    "If someone speaks to hurt me, have I given them
    cause? Is there something I have said or done that has caused them pain?
    Probably not; they probably weren't doing it intentionally, and simply
    wounded me in blithe, unconcerned self-interest. They are, after all,
    management.
    "

    Management isn't your only problem there, Mr Bunny. Some of your team mates might be wolves just as well. You'd be surprised what petty low-reward interests can spark a jolly good office backstabbing game.

    For starters, there's always the purpose of making oneself look good. Which often involves making everyone else look bad. For example, being seen as a better programmer might give someone ideas like "hey, if I don't do something about it, this guy will get promoted before me."

    Yes, you've said you don't even intend to be one of the "blood-gargling wolves in management", but that won't stop anyone from trying to push you off a cliff anyway. Better safe than sorry.

    Or then there's always just petty narrow-mindedness. I've already posted several times the story of the marketer-turned-programmer co-worker that made it his personal quest to get both female programmers on his floor fired. He succeeded too. And _only_ those. Why? I wouldn't know.

    Or then there's the "no good deed goes unpunished" kind of co-worker. The person you helped, might have become your arch-enemy: you know he's incompetent, and that makes you potentially dangerous.

    I've met one like that too: so utterly incompetent, that he couldn't even write code that compiles. _Not_ an exaggeration. I mean, _literally_. As far as it eventually turned out his _only_ skill was faking a resume, but had _zero_ knowledge of programming. So he asks some co-workers for help. And they do take pity and write his modules for him. What does the idiot do? Try to badmouth them to his boss.

    Or then there are cases where someone might hate you just because you do your job. For example, I've had an admin co-worker go on a berserk crusade against me, for a rather silly difference of opinions.

    See, he had to be admin for an utterly dysfunctional piece of crap. Had all my compassion for that too. He wanted to convince upper management that the product is crap and should be replaced by something that at least works. Had all my support there too. Heck, he had the support of every single programmer in the division: that crap was just as much of a pain in development as it was to admin.

    The problem? Management couldn't be convinced as long as all they saw was that the programs do work. With a lot of extra effort and cost, partly admin work partly programmer work to implement weird workarounds, but hey, they do run.

    So to make his point, he wanted that we all stop doing work-arounds and let productive programs crash and burn. Let the whole damn project fail, if needed. Just to make a point to management. And that's where he no longer had my support. I was pretty outspoken that no, no matter what it takes, our programs _must_ run. The boss will, of course, be informed how much extra time and budget it cost to implement those workarounds and make the programs run on that crap server. But no, I will _never_ deliberately sabotage the project just to make a point like that.

    Somehow that must have marked me as his arch-enemy. I was one of those that caused him to be stuck adminning that piece of crap.

    So next thing I know, he goes on an all out berserk crusade to prove that all my code is crap. And when I mean "berserk", I mean complete with fits of hysteria.

    I should probably say: "luckily". See, he was a nerd like us, not a professional backstabber, so he just threw a _massive_ fit. An outright offensive like that is easier to defuse. If I had offended a marketter-turned-programmer, on the other hand, I probably never would have even known what he's doing against me.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  116. Ha its the cool stuff by nepalguy · · Score: 1

    Why !!! if u open the company bad things to public.Then you are to be fired. You have to move according to the rules of the company.

  117. And then by Anonymous Coward · · Score: 0

    not stealing millions of lines of code and selling them on the cracer market is a courtesy I may extend to my employer.

    Unless I get fired.

    Seriously, get a union if your bosses have this power.

  118. Link to the pics she was fired for... by hugesmile · · Score: 1

    This is the link to the pics that got the flight attendant fired.

  119. ROFL by Anonymous Coward · · Score: 0

    "sockholders". I like it. It is even better if you meant it.

    "The puppet on the left is more to my liking"

  120. What if the NDA by Anonymous Coward · · Score: 0

    doesn't ban what you DID say? Apparently, they can still sack you and a lot of numb-nuts here will cheer that on.

    So what was the point of saying "NDA"? And why did it get "insightful"?

  121. A problem by DaveV1.0 · · Score: 1

    You would censor the boss for expressing his opinion of disloyal employees.

    Also, the boss could say that he fired the employee for the employees own good, after all the employee was obviously unhappy.

    Or, the safety of himself and/or other employees, because blogger is obviously disgruntled.

    Or, for presenting a bad face for the company, which is against company policy in many companies.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  122. Ion Storm and GamingInsider by Anonymous Coward · · Score: 0

    There was a website rumoured to be created by a former "anonymous" Ion employee who eloquently (before this fucking Blog word was coined) relayed the inside story of the downfall of Ion Storm. It proved to be quite the soap opera and at one point Ion execs got wind of the site when certain insider e-mails were published.

  123. not that bad heres the photo's by Anonymous Coward · · Score: 1, Informative

    http://queenofsky.journalspace.com/?cmd=displaycom ments&dcid=393&entryid=393

    these are hardly explicit photo's, yes she looks great in them.
    but they are hardly pornographic, sure she looks sexy in uniform isn't this why the uniform was designed this way so old guys in first class get to be attended to by pretty women sexily attired.

    perhaps it was more that you could get to see for free which so annoyed delta.
    combined with america's moral indignation, should she have been fired when its part of marketings unofficial agenda fly with us we have hot babes to look after you.

    for the rest of us if you want to blog with freedom then do it annonymously
    my last blog entry was a silent scream of rage hurt and anger, no need for me to direct that at anyone, just having a bad day thats all.
    better out then in, well i felt better afterwards.

  124. Don't bite the hands that feed you by itraor · · Score: 2, Interesting
    Writing damaging things about one's own company is foolish at best. Companies are people organisations, subject to flaws and imperfections. Members are supposed to compromise on some basic rules where trust and respect for what's in the group's interest are importants. By letting you in, a hiring organisation is entrusting you to their confidential circle. Going out public with the things you learn is not constructive at all - family secrets should remain with the family, if i may. There usually are ways to voice concerns and discuss things, which is no god given right to mess about - what would it be like if everyone would get their way? Employees are supposed to do their bit for the company, not attack it on one hand and claim a paycheck with the other. How difficult is it to grasp such trivial fact?

    Writing is also an art, not everybody is able to write insightful yet civilised text, it might be better to seek some coaching at the start. Perhaps searching Google for the beginner's guide for publishing on the internet might help - not that i'm aware of anything of that kind. It's great that the web makes it easy for anyone to publish stuff, sadly it's never been this easy for all kinds of stupidity to hit the masses at lightning speed.

    Writing flames on a blog is the same as releasing the hounds on a prey, you're publicly calling for others to have a go at your organisation. What's the point in that? Why do you bother calling in everyday?

    If possible i would avoid hiring anyone with a past history of flaming their current employers on their blogs, chances are they will do it again.

    My advices, if you've got to get it out of your chest and you still want to stay with your employer:

    • Keep it private. Most tools allow this. And indeed blogging is reminiscent of personal diaries, which everyone knows usually are really private or published only after their owners are dead or feel they're done with.
    • Back home we have a saying that Everyone loves the village idiot, but noone brags about him /her being family. Don't be the village idiot.
    • Talk to your boss in private - Many times this can actually work, unless your boss really doesn't like your brand of aftershave - that can't be helped. Take your boss out for a drink and let it all out. If he/she sacks you for that you can still blog it that the pointy-haired nitwit (TM) never got it. But then you're gone from the company, exactly my point.
  125. Corporate Policy May be Defined by Evil+W1zard · · Score: 1

    Employees need to watch out that what they are posting in Blogs may be considered Proprietary information, may be considered Libel or may even be insider information. I can understand personnel getting fired for one of the above, but if Joe X is simply writing something to the effect of "I hate working for my company" then that's where administrative action for blogging is probably crossing over the line into a Freedom of Speech issue.

    --
    News Reporters Make Tasty Polar Bear Treats!
  126. It happened to someone I know! by jcostantino · · Score: 1
    This idiot that I know was using his LiveJournal account to post sensitive information about his company (not the #1 video rental chain but close) and his ass was served with a cease and desist order from their legal department and then fired immediately after that.

    He was posting on his personal journal AND a LJ community about internal practices of the company and confidential documents. They fired him after watching him for a number of weeks posting various things like the pay scale and other sensitive information.

    Of course, he's the type who thinks that the kids in Ocala should be able to seek legal assistance under the Comic Book Legal Fund because there was some sort of art involved so his own actions were somehow without ANY repercussions because he was using his own public soapbox. Regardless of the fact that he signed papers stating he wouldn't disseminate any confidential information as a term of his employment.

    --
    Reviews with a twist! http://www.sardonicbastard.com
  127. Blogs are PUBLIC by gidds · · Score: 2, Insightful
    Exactly.

    Maybe the real problem here is people who assume that because only a couple of close friends talk to them about their blog, that they are the only people who read it. Or, more importantly, the only people who can read it.

    Whether it feels so or not, a blog is public. Anyone can read it. That includes your boss, your MD, your legal department, your colleagues, your parents, your partner -- in short, any and all of the people you criticise, insult, or slander. If you wouldn't wish any of those people to read it, then don't put it on your blog. D'oh...

    --

    Ceterum censeo subscriptionem esse delendam.

  128. Re:Not "Duh." What about postings unrelated to wor by BloodSpite · · Score: 0

    Agreed Pi. At Will Employment is just that. At will. They can fire you. Or you can quit. Take your pick. Furthermore the employee was fired for being in The Company Uniform, on a company airplane on company time on company grounds taking pictures that the company did not deem appropriate to their image. I don't really see where she has any room to complain. The arguement of what a employee does on their own time is basically moot in this case, because she was not on her own time, in civilian clothes, or in her home etc. She chose to do it, its her own fault and anything else is just whining.

    --
    The truth does not change by our ability to stomach it -Flannery O'Conner
  129. Re:Not "Duh." What about postings unrelated to wor by Politburo · · Score: 1

    Conversely I have every right to quit my job if my employer writes something that I don't agree with. It works both ways... if you have the ability to quit at any time for any reason then your employer has the ability to fire you at any time for any reason.

    Except it doesn't work both ways in reality. In almost all cases, it is much more easy for the employer to replace you, than for you to replace the employer (i.e., get a new job). In many ways, labor is just another commodity, and it's in excess. This condition gives the employer much more power than the employee.

  130. Wrongful Dismissal by phorm · · Score: 1

    After looking into it a bit, I came up with the counter to this.

    A company's right to fire you without proper justification is offset by your ability to sue them for wrongful dismissal.

    1. Re:Wrongful Dismissal by cayenne8 · · Score: 1
      "A company's right to fire you without proper justification is offset by your ability to sue them for wrongful dismissal."

      Yeah...tell that to those people that are getting canned by their company for 'smoking'. A perfectly legal adult activity, but, this company (I forget which one(s)) told its employees, if they are caught smoking...even while not at work, they would be terminated.

      Trouble is...most people don't have the time or money to bring a lawsuit against something like this...and, is this wrongful termination? It would seem so on the surface, and with common sense. But, these days...that seems in short supply...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Wrongful Dismissal by Leo+McGarry · · Score: 1

      That's not an example of wrongful termination, not by a mile. Generally speaking, wrongful termination claims can only stand in cases of discrimination or retaliation. There are so other even narrower exceptions, but that's it.

      See, the problem here is that you're forgetting that legal terms have very specific meanings. You can't just say, "I don't think he should have been fired. I think firing him was wrong. Therefore, I'm going to sue for wrongful termination!" That's not what the term means. "Wrongful termination" means that an employer violated a specific law in firing you. We have laws protecting you against discrimination based on race, gender, national origin, disability, age, or a few other criteria. We don't have any laws protecting you from discrimination based on whether or not you smoke.

      Frankly, I think firing smokers is a fantastic idea. You wouldn't believe how much you can save on your company insurance plan if you can guarantee the insurer that your employees are all non-smokers. That saves money both for you and your employees, because premiums are lower, or coverage is better for the same premiums. I think it's a fabulous idea, and I'd love to see it duplicated elsewhere.

    3. Re:Wrongful Dismissal by Mycroft_VIII · · Score: 1

      Actually as others have pointed out sueing for wrongfull termination means the violated the law in dissmissing you (say because you were black, or had put in for the new familly medical leave).
      Your only real recourse in most states if they fire you for no reason other than they felt like it is to collect unemployment earlier and of course to tell everyone you know what a crappy company they are.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    4. Re:Wrongful Dismissal by cayenne8 · · Score: 1
      "Frankly, I think firing smokers is a fantastic idea. You wouldn't believe how much you can save on your company insurance plan if you can guarantee the insurer that your employees are all non-smokers. That saves money both for you and your employees, because premiums are lower, or coverage is better for the same premiums. I think it's a fabulous idea, and I'd love to see it duplicated elsewhere."

      Careful there...that's a dangerous thing to use as an excuse. Smoking is a perfectly legal activity. If you use the 'saving money' argument...well, it could go WAY to far...and maybe someday hit you on a legal activity you enjoy.

      For example, motorcycle riding is WAY too dangerous...even if you wear a helmet (which you don't have to in many states)...so, you're fired if you ride motorcycles. Do you like to climb mountains? That's pretty dangerous..rock climbing etc. You're fired if you do that..insurance would be too high. Do you every speed in your car? Well, we're going to have to monitor you on that...you could get injured in a car, and insurance would cost us. Are you overweight? This is a HUGE health risk...you'd better lose down to your optimal weight, or your fired...you're obesity is a preventable health risk...and can cost us higher insurance premiums.

      See? It can really start to snowball on you....legal activities you do outside the workplace shouldn't affect your employment if it doesn't directly give out private or damaging information about your company.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:Wrongful Dismissal by Leo+McGarry · · Score: 1

      Smoking is a perfectly legal activity.

      So? I'm sick and tired of the "it's perfectly legal" defense. That ceases to matter to me the moment somebody raids MY pocketbook to pay for YOUR mistake. If smoking ceased to exist, the public health costs we, as a nation, have to pay would drop by A THIRD. Instantly.

      Of course, it can't just cease to exist. But we can still work to marginalize it, with the long-term (like decades long) goal of wiping out the practice.

      If you prefer, here's a counter-proposal: Smokers are ineligible for employer-provide health insurance. It's an unfair burden on non-smokers to subsidize health care for smokers. Better?

      For example, motorcycle riding is WAY too dangerous...

      You seem to have missed reading the actuarial tables. The odds of getting into a motorcycle accident, a mountain-climbing accident, a rock-climbing accident or a car accident as the result of speeding are tiny, and the odds of health problems related to being overweight are also pretty small (Despite all the hype and what intuition would tell us, the incidence of heart disease and other maladies in people who are merely overweight, as opposed to clinically obese, is not significantly higher.)

      The odds of getting sick and dying from smoking are 75%. Three out of four smokers will die as a direct result of his habit. Those aren't even odds. That's a death sentence.

      As for people who are morbidly obese, and therefore at significantly increased risk for a heart attack, vascular problems and type II diabetes, those people need to be in a hospital anyway, not working in your office. Non-issue.

      It can really start to snowball on you....legal activities you do outside the workplace shouldn't affect your employment

      You argued that if a policy were expanded unreasonably, it would be bad, therefore the reasonable implementation of that policy is bad. That's a dumb argument.

    6. Re:Wrongful Dismissal by artefactual · · Score: 1

      I don't necessarily disagree with your position on smoking. I'm a reformed smoker and have been described now as an Anti Smoking Nazi.

      HOWEVER, if you are going to quote figures like that at least back them up with sources.
      I'd suggest that you are also paying for all the people injured car accidents, do you begrudge people their privilege to drive?

    7. Re:Wrongful Dismissal by Leo+McGarry · · Score: 1

      HOWEVER, if you are going to quote figures like that at least back them up with sources.

      Lame. This isn't a term paper, and I'm not going to provide you a bibliography.

      I'd suggest that you are also paying for all the people injured car accidents, do you begrudge people their privilege to drive?

      You're not getting it, are you? What are your odds, as a driver, of getting into an accident that requires medical attention? They are very small. What are the odds, as a smoker, that you are going to get sick and die from a smoking-induced disease? Three out of four, which is very high.

      Stupid comparison.

    8. Re:Wrongful Dismissal by artefactual · · Score: 1

      Then I'll take the figures as imaginary.

      I understand your point, I just don't agree with it, especially without verification. That's a whole world of difference. I live in .au and our statstics are no where near the level you quote. Of course I won't include the sources as this isn't a term paper.

      Lame? What does brocaded fabric woven with metallic threads, often of gold or silver, have to do with your point.

    9. Re:Wrongful Dismissal by Leo+McGarry · · Score: 1

      You're an ass. I've filed this away so I won't waste time reading your comments in the future.

      Also, you don't seem to know the difference between "lame" and "lamé."

  131. Life on the company rack by grikdog · · Score: 1

    Blogging is vastly preferable to the standard disgruntled employee syndrome, usually euphemized as "going postal" or "changing all the passwords", especially since most bloggers are optimists and expect positive change to come of their efforts. However, from the company's point of view, slander is treason, just as it was in Elizabeth I's day, and a short stay on the company rack (followed by an eternity on the blacklist) is the best that can be expected, human nature being what it is. Enlightened company despots will, however, encourage blogging for the same reason that parliamentarian oligarchies encourage the apparent freedom of speech; viz., it's cheap intelligence, and an agile administrator can best prepare for the storms that loom, not the storms that gather.

    --
    ``Tension, apprehension & dissension have begun!'' - Duffy Wyg&, in Alfred Bester's _The Demolished Man_
  132. Re:Not "Duh." What about postings unrelated to wor by Anonymous Coward · · Score: 0

    In many ways, labor is just another commodity, and it's in excess. This condition gives the employer much more power than the employee.

    Sounds like a great time to start a company. Maybe you could bring to others the type of employment situation you are looking for.

  133. Nothing in my union contract.... by Anonymous Coward · · Score: 0

    Nothing in my union contract specifically states that I'm not allowed to discuss the company I work for with people outside or inside the company. If they want to negotiate what I'm allowed to say in the next contract, that's fine. But between now and then I can say what I think and not be fired for it, so long as I do what I've agreed to do in the contract. By the way, I actually have no complaints about my company at all. They are very good to work for. But it's good to know that if that ever changed, I'd be permitted to say so without fear of retaliation.

  134. Doesn't have to have anything to do with blogging by DeVilla · · Score: 1

    I know a guy who was fired from a place because they claimed he put up a web site to 'impersonate' them on the web. He had a page with some scans from public brochures saying "...this is were I work...". He mentioned what he did there and what he liked about the company. The company dicovered this can fired him shortly before various 10yr benefits vested.

  135. wrong by nasor · · Score: 1

    "Now back up a few months in time to your initial interview with that same boss. He can not ask you in that interview if you visit strip bars after work."

    Yeah, actually he COULD ask you that. There are a very few things that are explicilty illegal for someone to ask you in an interview, but an employer can still ask almost anything they want. Unless there's some sort of kooky state law where you live, there's no reason someone couldn't ask you about visiting strip bars in an interview.

  136. At my company.... by srobert · · Score: 1

    At my own company my employees would be free to say whatever they want (as long as it's not slander) without fear of economic retaliation. It would be better to have employees who spoke well of the company because they were sincere than because they were afraid to speak otherwise.
    Consider it a form of advertizing for higher quality of future workers. Moreover if I found out my competitors were censoring their employees, I wouldn't hesitate to use that.

  137. Re:Not "Duh." What about postings unrelated to wor by maynard · · Score: 1

    Except I referenced another person in the article who was fired for posting fiction written while taking a class off company hours. Is it reasonable to allow a company to fire someone for unrelated work done off hours which in no way references the employer? I think not. "At will" should have limits, IMO. --M

  138. Sounds like by artefactual · · Score: 1

    Snowcrash, Neal Stephenson, the Reverend in said book was trying to develop memes as a way of controlling the workforse. Based on the idea that the knowledge, say a programmer, took home in their head was akin to stealing everyday when you knock off. Since Neal references ancient Mesopotamia and ancient gods such as Enki, sounds like this is not a new thing. correct me if I'm wrong, it's been a while since I read the book, and it should also be noted that it's fiction.

  139. Re:whistle blowing & apple by yintercept · · Score: 1
    In the long term, I think it is inevitable that at least some blogs will be treated like established publishers, but it may be awhile.

    I suspect that professional journalist who blog already have this protection.

    It would be interesting to see a survey of how many established news sources are open to criticism of their own new organization by their own journalists.

    Seems to me that there already is a big industry of publishing watch dogs, and the journalists have a love hate relation with critics. Journalists and publishers love the criticism (and resulting publicity) until someone manages to hit the wrong buttons.