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View Full Version : Freedom of Speech or Expression question. Virginia


chbo207
09-11-2008, 08:18 PM
I was wondering if anyone could give me an answer to a question I have or maybe some avenues I could take. Sorry this might be kind of detailed and long, but I want it laid out for the best possible answer.

Ok I am a mechanic for a company in Richmond Virginia that only does fleet maintance. So we don't have Different Costumers running through the shop. Now I have sort of fond a love in politics. I know, this is getting scary now, but I purchased a magnetic dry erase board, to put on the side of my tool box. Every day I would come in and put some political numbers or some latest political news. I will leave the details out on my posting as to try and remove a bias. but I will say my posting were pretty biased to one side. Now this lasted about Five work days. Then my Boss/General Manager came on the floor, asked me were I got my Info from and I told him/her from several outlets including a variety of tv, radio, papers, magazines, and the Internet. She then gave me her opinion, which was different than mine. Well I then explained mine. Nothing got hostile or any thing. but after I gave mine she said I needed to take it down, Or she would have to contact the corporate office and get the policy. I then told her I would wait for the policy. she said ok and walked away. The next day when I arrived at work, she told me to clock in and come up front. There I was greeted By our regional Manager. So we all sat down to discuss my little Dry erase board. Well he told me the same it was against company policy, and that it was a form of harassment, and it offended people/ other employees. Well we got pretty heated in this meeting, as I was trying to explain that there are plenty of things that offend me every day in this shop, I just don't run up to the office and complain about it. They said what is that. Well I told them that the TV in the break room that we all watch when we take lunch has offensive shows that everyone else likes to watch that I don't enjoy and offends me. The three radios in the shop that people have tuned into there favorite radio station plays music that offends me. And the list goes on. Well they said the TV program will be banned. Oh I forgot to mention, now this board was attached to my tool box. Other employees have very expensive limited addition tool boxes some a tribute to one brand of automobile with paintings of the cars on it, the special engine size for this car posted, and that manufactures logos all over. I bring this up because I am a race fan, and a long time die hard of the opposing manufacturer. As he is a die hard for that particular Manufacturer. And we have debates on this issue all the time. Not only that I feel that I can even complain that I can not afford this brand of tool box that 80% of the shop employees own, so the big logos on the box gloating this brand in my face every day causes me stress and I am harassed by this. Well I have agreed to take down my board for now pending the info I receive as of my rights. Oh, I was also told if I were to even put a bumper sticker on my car in favor of my politician I would be told to park off of the premises. But I also have not received the written policy yet.

So my question is do I have the right to make these arguments and expect the company to respect my wishes and mandate all this stuff be removed, or even purchase every Employee Identical tools and tool boxes, etc.?

Or do I have a case that would be worthy of calling a Labor Lawyer, and drawing up a case for court?

I know you may be saying why even go through all this but for one I Put my soul into every thing I do. Plus I feel as though I am being singled out, Because I am pretty sure the one that really complained to the boss is the bosses boyfriend. Now that I know is against our company policy. the relationship thing. that I know is a relationship for sure. I just didn't want to have to bring that up, Because I don’t like to see people lose there jobs. Plus from my understanding a private investigator is very expensive. And I would have to have the Photo graphic evidence to prove my accusation to the company without losing my job. So please someone give me an idea on what avenue to take. Thank you very much.

Upon doing some research on my own I have found that in order for a company to enforce any kind of harassment policy, they are required be law to give every employee and manager harassment training. Do you know if this is true I found it on a local lawyers web site?

joec
09-11-2008, 08:42 PM
You keep up the stunts you outlined in your post, you will be down the road by the end of the week guaranteed. With little or no legal recourse. I worked in a shop environment most of my life, and the shenanigans you just outlined are not tolerated by co-workers or management.
JoeC

Pattymd
09-12-2008, 04:34 AM
"Freedom of speech" refers to the GOVERNMENT not abridging expressions of free speech. The employer is perfectly within his rights to prohibits speech and expressions that upset the efficient operations of the business.

If you want to express your political views, do it outside of the workplace.

chbo207
09-12-2008, 07:56 AM
So what you 2 are telling me is that they can get me to remove my expression or speech, but if I complain about the other employees they can rightfully fire me? I'm just trying to get an Idea here of the law. And what if I took the route of management being invoved with another employee?

Thanks for the quick responces.

mlane58
09-12-2008, 08:08 AM
So what you 2 are telling me is that they can get me to remove my expression or speech, but if I complain about the other employees they can rightfully fire me? I'm just trying to get an Idea here of the law. And what if I took the route of management being invoved with another employee?

Thanks for the quick responces.Thats exactly what they are saying. You do not have a right to free speech in the workplace setting. The employer gets to dictate the rules, not you and as long as the employer doesn't violate any laws, they are free to run their business as they see fit.

Beth3
09-12-2008, 08:17 AM
So what you 2 are telling me is that they can get me to remove my expression or speech, So as to make this perfectly clear for you, you have no freedom of speech in the workplace. If they don't want you to bring in political information, then you don't get to bring in political information. (Nor do you get to put up posters of Obama, McCain or whatever candidates you support or political leanings you have.)

I complain about the other employees they can rightfully fire me? Yes. You have no rights to complain to your coworkers about decisions management has made.

And what if I took the route of management being invoved with another employee? Being involved? I have no idea what you're referring to but I can tell you with certainty that (a) attempting to blackmail your employer is a good way to get yourself fired, and (b) trying to divert the issue with another one will get you nowhere.

Upon doing some research on my own I have found that in order for a company to enforce any kind of harassment policy, they are required be law to give every employee and manager harassment training. That's not remotely true and it has nothing whatsoever to do with your situation.

Not only that I feel that I can even complain that I can not afford this brand of tool box that 80% of the shop employees own, so the big logos on the box gloating this brand in my face every day causes me stress and I am harassed by this. You're just talking sheer nonsense now.

Keep up this nonsense with your employer and being a royal pain-in-the-fanny and I expect you'll find yourself looking for a new job soon. You don't have a legal leg to stand on - not even close.

cyjeff
09-12-2008, 03:10 PM
To be blunt, you must be a hell of a mechanic.

I wouldn't have tolerated this garbage for a minute. If I would have told you to take it down and you refused, I would have helped you off the property.

joec
09-12-2008, 03:59 PM
So what you 2 are telling me is that they can get me to remove my expression or speech, but if I complain about the other employees they can rightfully fire me? I'm just trying to get an Idea here of the law. And what if I took the route of management being invoved with another employee?

Thanks for the quick responces.
No they will fire you because your getting on everybody's nerves.
JoeC

cyjeff
09-12-2008, 04:52 PM
So what you 2 are telling me is that they can get me to remove my expression or speech, but if I complain about the other employees they can rightfully fire me? I'm just trying to get an Idea here of the law. And what if I took the route of management being invoved with another employee?

Thanks for the quick responces.

Agreed.

I would fire you faster.

Are you saying that because your little political diatribe wasn't welcome in the workplace, you are going to start airing everyone's dirty laundry?

What are you, 5?

chbo207
09-17-2008, 05:27 AM
No you are all attacking me for something I haven't done. I simply wanted to try and lay every thing out there to get advice on what to do, or if there is action I could/should take. I thank all of you for your info and have let this situation go already. But I want to Say I didn't refuse untill after she said she could get the policy, then I simply said I will wait for the policy. As far as airing out everyones dirty laundry, I'm not that type of person, I again was just simply put every option out there that I could think of. And yeah I am a hell of a mechanic, and will have no problem getting another job, and if I here another political word out of these peoples mouth, the ones crying about my oppions, I will for sure be getting another job. I will not tolorate this weather it is protected by law or not. It seems as though they think they can turn there harassment to me now that I have my hands tied behind my back. But again thanks for all the info I have recieved, and maybe I will right you again about my legal situation if they continue to run there mouths about the issue they called me out for. Thank You. Thank You. Thank You.

ElleMD
09-17-2008, 11:19 PM
When you start claiming stress and harassment because your coworker has a toolbox that sports the logo of an auto manufacturer you don't prefer, and talking about hiring a PI to spy on your manager, you pretty much open yourself up to criticism. Your manager doesn't have to have a policy in place before telling you to stop doing something. Unless you work in the public sector, politics doesn't belong in the workplace. Extremist political propaganda and a picture of a car are just not anywhere close to on the same page. They aren't even in the same book. Neither is not having your choice of TV show or radio station. If it offends you to have a radio playing music you don't like, I suggest going into business for yourself. I've yet to be in any auto shop that didn't play music of some kind.

cyjeff
09-18-2008, 07:51 AM
No you are all attacking me for something I haven't done. I simply wanted to try and lay every thing out there to get advice on what to do, or if there is action I could/should take. I thank all of you for your info and have let this situation go already. But I want to Say I didn't refuse untill after she said she could get the policy, then I simply said I will wait for the policy.

And that's where I would have cut you loose. A business is not a democracy.

As far as airing out everyones dirty laundry, I'm not that type of person, I again was just simply put every option out there that I could think of.

And if you weren't that kind of person, the option wouldn't have occurred to you.

And yeah I am a hell of a mechanic, and will have no problem getting another job, and if I here another political word out of these peoples mouth, the ones crying about my oppions, I will for sure be getting another job.

Let me make sure I understand this.

You will quit if you hear another political word out of other folks' mouths, but they are supposed to put up with yours on a daily basis because it is your right as an American to say it?

Wow.

I will not tolorate this weather it is protected by law or not.

You are in for a tough life.

It seems as though they think they can turn there harassment to me now that I have my hands tied behind my back.

This isn't illegal harassment as per law. Your hands are not tied. What hacks you off is that your EMPLOYER's hands aren't tied. That you don't have a statuted to wave in their faces and post next to your little white board.

But again thanks for all the info I have recieved, and maybe I will right you again about my legal situation if they continue to run there mouths about the issue they called me out for. Thank You. Thank You. Thank You.

Nope, save it for your court case. Between finding a lawyer that will take it, a judge that will hear it and a jury that will think you are right, we will never hear from you again.

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