Can an employer legally restrict your freedom of speech, off duty?

Question

My Employer, a large airline, is forcing all employees to sign a document stating employees may not engage in ANY type of behavior that is considered "offensive " at any time , while either on or off duty. As an example if I am overheard (at dinner in a public restaurant, off duty,) saying my boss is unethical and a crook, and some other employee or boss loving person nearby is offended by it, they can inform the Co., and I will be terminated, without recourse. In violation of the 1rst amendment, I can no longer speak my opinions without fear of reprisal.
for those who will say, if you don't like it, QUIT. don't bother replying. that's not an answer!

Answer 1

All US jurisdictions (with the partial exception of Montana) are "employment at will" states/territories and you may be dismissed for any reason or none, except for protected status (race, religion, age, etc.), whistleblower activity, gender (for most positions).

If your job is covered by a collective bargaining contract, that agreement may supersede or enhance your rights.

You may be protected as to political rights; and your constitutional rights remain -- but many of these do not protect you as against a nongovernmental employer.

Answer 2

Yes it is an answer… in general you “signed away” your first amendment right in order to obtain employment. It’s perfectly legal; nobody put a gun to your head and MADE you sign it. When you were made aware of this policy you had 2 choices, sign it and work, or not sign it and most likely be fired or not hired. It was your choice; therefore you must abide by its conditions. If, upon further reflection you disagree with this policy and the company says you cannot be employed without obeying company policies and regulations, then your choice is clear… adhere to its terms or seek employment elsewhere. It’s up to you, the EMPLOYEE, to conform to the companies overall “code of conduct”, NOT the company to practice democracy and allow you your right to speak, especially since what you MIGHT say could potentially be detrimental to the company or its business relationships.

Tax the poor !!!

Answer 3

Absolutely an employer can restrict your first amendment rights as the 1st Amendment only restricts the US Government not private employers. Even government employers can restrict their employees 1st Amendment rights on and off duty to a certain extent. But there is no practical limit on what an employer can restrict especially if you make a legally binding contract with them.

Answer 4

Yes, to the extent of what you signed. Offensive public comments constitue slander if not true, and if true is an absolute defence to slander. But what ever you signed controls, even if the comments are true. Best to take it up next supervisor level in the company before you go broadcasting to the public. If you are punished for being a whistle-blower, move it up too, and that's possible grounds for wrongful discharge, etc.

Answer 5

I think that a company can restrict certain types of speech material to the job possibly including things that bring the company into disrepute lets say. But things unrealted to the company probably not - interesting question

Answer 6

Freedom of speech and the first amendment only apply to the government. Meaning, the government is not allowed to restrict your freedom of speech, your company can.

Also, if you sign an agreement, you are conceding any "rights" that you may have.

Answer 7

You're wrong and need to re-read the 1st amendment. It prevents the government from stopping you from speaking. The company isn't restricting your free speech you can say whatever you want. And they can fire you if they want.

Its not your job its the companies job, they get to make the rules.

Answer 8

If you're moral and don't find yourself in compliance with those ideologies, simply don't sign it. If you want to comply, sign it. It simply depends on what you wish to do. As a company they can make whatever rules they wish within constitutional bounds.

Answer 9

sounds like a big corporation. they can restrict it in public, b/c it's considered slander. however, you can say whatever you want in the privacy of your own home. many businesses restrict discussion of any sort about the business, including trade secrets, mtg info, etc., etc.

Answer 10

Yes, according to the First Amendment, you can say whatever you want. Your company cannot stop you from speaking your mind.

But they also don't have to keep you if they don't like what you say.