Legal Question in Employment Law in District of Columbia

Freedom of Speech in the Workplace

A friend of mine was just suspended for keeping an online journal with the stresses of the workplace. The journal did include the basic first names of people who caused issues and they vented about. While the names were first no last name was ever matched with the firstname. The Complete company name was never given. The journal was only meant for the creator to read they never asked anyone to read it. While it included not only personnel issues but supervisory issues including (overscheduling, insufficient breaks, and poor management of employees) The main purpose for it was because their supervisors never handled the issues that were presented to them. When met with they were told The issue will be quickly handled with hr and they will be notified with their final answer wether they are allowed to stay or not. They were also asked to shut the journal down, then the other coworkers were that did it and then they were told they would be kept confidential. Through recent research it has been found names were never kept confidential and were released. How do you suggest they handle this they have been waiting for a final answer for over 2 and a half weeks now. With further Suspicion of invasion of privacy they asked a friend to post


Asked on 6/26/04, 10:47 am

1 Answer from Attorneys
Jeffrey Sheldon

Re: Freedom of Speech in the Workplace

This is a complicated matter - employer's right to regulate the workplace v. the employee's right to privacy and personal conduct, that requires much more information before an opinion could be given. For example, was this a personal journal or one kept on a company intranet? Was it kept on company time? Does the company have a policy regarding privacy? Computer use? Journals? Personal time at work? Was your friend ever warned about such conduct? Does the company have a discipline/discharge policy? etc. Importantly, are all the entries true, or is there defamatory material/speculation/opinion? Please tell your friend to either re-post with much more detail about what happened, or call me for a free consultation.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 6/26/04, 5:27 pm


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