lawyers or someone who knows the law needed?

Question

staff set up private web site to discuss current problems within said company. [re] strike action, etc] if derogratory statements againts company or company staff are posted on said web site can employer sack or disciplne said staff.

not in company time and not on companys computer.

Answer 1

Yes, you are an employee and the company owns said website and all equipment. I work for a law firm.

Answer 2

If you are all members of a labor union in the U.S., you likely have a right to engage in "protected concerted activities." Two or more union members discussing pay or other work-related issues with each other is a protected concerted activity. However, one or more employees posting non-specific rants about particular individuals may not be protected.

If you are part of an establshed union, consider what you hope to gain from the website. Is it achieving that end? If so, it will be worthwhile to train one or two people to moderate the site by regularly removing comments that are potentially outside of the scope of protected activity, reminding people of the purpose of the site, and politely prohibiting violators from being able to post.

There is undeniable risk in operating this site. It requires that everyone stay on topic and treat matters with greater seriousness than you would at a bar over beer where no permanent record is being created. A private room in the beerhall is definately going to be safer than this internet forum. Proceed at your own risk and make sure dues are high enough to cover ensuing legal expenses.

If you are not a part of an established union, the only thing you really have a right to talk about regarding work is establishing a union. Even so, "I think we ought to establish a union because Foreman Bob is an effing pervert who can't wipe his own ***" is likely not protected.

Answer 3

Yes. The staff are using company equipment for their own benefit, possibly also doing it in company time, which technically is stealing! The employer also has on record the feelings of the staff which would be very easy to use if it went to court. There are formalities which should be carried out before a sacking takes place, i.e. warnings, written warnings etc.

Answer 4

Employees have the right of free speech, except when they are in the workplace. Employees have the right to say anything they want on an independent, privately-owned, non-work related website.

Any employee disciplinary action, including termination, has to be directly related to work specific issues.

Derogatory statements on a non-work related website are protected free speech and any employer who takes a work action against an employee related to such sets themself up for a hefty lawsuit.

The employer, however, may argue successfully, that the employees involved fomented poor morale in the workplace and harmed the company's reputation.

Hope this helps.

Answer 5

If the web site was done on company computers and or during company time and you have a clearly written policy about the personal use of the computer, then yes. If not, then no.

Answer 6

My first guess is YES. don't do it. I heard of reports about employers looking at on-line blogs etc.

That is a set up for a lot of problems. Once they found out they will send the company kissa** to join your group and they will have everything in writing.

And the group moderator will be the first to get fired.

Answer 7

most companies have a clause in your handbook or contract about your conduct on and off the job, many people have found out the hard way not to air your grievances in public whether your on or off the job, it is the same a smoking weed at home and getting tested the next day, you did at home but you can still be fired for it

Answer 8

If you are using the website during working hours then YES they can sack you as it is classed as "insubordination". However, if it is all done during private time there's no problem

Answer 9

If you are using his gear, yes

Answer 10

yes they can.