Manage updates with the Download AppMarch 8, 2005 4:00 AM PST
FAQ: Blogging on the job
- Related Stories
-
Google blogger: 'I was terminated'
February 11, 2005 -
Report: Big boost for blogs in 2004
January 3, 2005 -
For blogs, breakthroughs and breakdowns
January 3, 2005 -
I was fired for blogging
December 16, 2004 -
Friendster fires developer for blog
August 31, 2004
(continued from previous page)
that blogging isn't singled out for special treatment in those state laws. "The broader issue is, 'Can your boss fire you for something you do in your private life he doesn't like?'" Maltby says. "In five states he can't. In 45, he can." (The Michigan legislature soon may consider a similar measure.)
That sounds pretty broad. Are there any limitations on an employer's ability to fire me?
Aside from the ones mentioned above, the general rule in the United States is that you can be fired for anything other than an impermissible reason such as your race, sex or sexual orientation. If you happen to disclose your religion or sexual orientation on a blog and you're fired as a direct result of that disclosure, you might have a case. Organizing a union through your blog also is protected under federal law.
What about the First Amendment? Doesn't that protect me?
Not if you're working for a private employer. Read the text again: It says "Congress shall make no law" that abridges "freedom of speech, or of the press." That doesn't say anything about private employers. The First Amendment protects you only from censorial governments.
Are there any court decisions involving bloggers being fired?
A Lexis search through federal and state cases didn't turn up any to date.
What if I'm a union employee? Do I have more protection?
Yes. Union employees generally are protected from being fired without "just cause." Translated, that means you would have to do something pretty evil on your blog--like divulge confidential company information.
How about if I'm a government employee, for example, in the federal civil service?
"A government worker who's at home maintaining his or her own Web site doesn't lose their rights simply because he or she is a government employee," says Barry Steinhardt, director of the technology and liberty program at the American Civil Liberties Union. But Steinhardt cautions that if you're spending a lot of time at work on personal business such as updating your blog, that's a different matter.
Can high school students be disciplined for the contents of their blogs published from a home computer?
Students at government-run schools have been disciplined for this kind of activity before, but the school district may back down when lawyers get involved. "A high school student who produces electronic speech off-campus ought to be protected," Steinhardt says. "If you're using the school's computers, it's a different matter."
Can I blog anonymously?
Of course. If you do that, though, and ruffle enough feathers, your
23 comments
Join the conversation! Add your comment
I feel that C/Net is one of many media sources that is hyping this up to be a first admendment and freedom of speech issue with the recent firings of the Delta and Google employee. To be fair, C/Net has gradually change the tone of recent articles noting the other side of the argument (whereas in the first 4-5 stories were more of a "freedom of speech" 'tude). Obviously, so such right exists when one violates a NDA or company ethics. I really could not give a care to people who blog, just DON'T EXPECT ME TO BE SORRY for them losing their jobs over being stupid (i.e. Simonetti and Jen). At least Jen admitted responsibility for his actions and have found new employment.
10 years ago, this would all have been about email, or emerging websites. And you know, someone would still be saying "all these websites just link to each other, there's nothing interesting, I'm sick of hearing about the web."
Blogs may be a subset of the web, but the pattern is very similar to the emergence of the web, from the initial explosion to the sudden arrival of media and commercial attention.
You know, I'm sick of hearing about this Internet thing. CNET, please stop writing about the Internet. It's all people whining about how much spam they get and copyright lawsuits. Sure, there are a few interesting sites on the web, but most of them are boring and the signal-to-noise ratio is way too high.
I feel that C/Net is one of many media sources that is hyping this up to be a first admendment and freedom of speech issue with the recent firings of the Delta and Google employee. To be fair, C/Net has gradually change the tone of recent articles noting the other side of the argument (whereas in the first 4-5 stories were more of a "freedom of speech" 'tude). Obviously, so such right exists when one violates a NDA or company ethics. I really could not give a care to people who blog, just DON'T EXPECT ME TO BE SORRY for them losing their jobs over being stupid (i.e. Simonetti and Jen). At least Jen admitted responsibility for his actions and have found new employment.
10 years ago, this would all have been about email, or emerging websites. And you know, someone would still be saying "all these websites just link to each other, there's nothing interesting, I'm sick of hearing about the web."
Blogs may be a subset of the web, but the pattern is very similar to the emergence of the web, from the initial explosion to the sudden arrival of media and commercial attention.
You know, I'm sick of hearing about this Internet thing. CNET, please stop writing about the Internet. It's all people whining about how much spam they get and copyright lawsuits. Sure, there are a few interesting sites on the web, but most of them are boring and the signal-to-noise ratio is way too high.
Your employer also generally has the right to end its relationship with you (it's called getting fired).
It's pretty unreasonable to expect someone to pay you to work for them if you're, say, complaining about the company publicly.
Your employer also generally has the right to end its relationship with you (it's called getting fired).
It's pretty unreasonable to expect someone to pay you to work for them if you're, say, complaining about the company publicly.
and see if you still believe all blogs are garbage. thank you for your interest in advance
and see if you still believe all blogs are garbage. thank you for your interest in advance
Politician salaries to be reduced for each job lost
Labor-hire and HR to be outlawed as a result of United Nations ruling on human rights abuse
Hiring managers obliged to hire at least 10% unemployed
Fines and jail terms to be imposed for discrimination and privacy infringement with respect to age, employment-status and history
Company owners, executives and families to serve 8 weeks per year in homes of lowest paid employees