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1st Amendment and Free Speech/How Much can a company dictate personal communications?

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Expert: - 11/27/2009


Question
I was hired to work for a regional Chamber of Commerce as Director, Communications on Sept. 28, 2009. The very first week we had an annual awards dinner and as I was new and had been heavily involved in putting together the presentation, I remarked to a prize winner I had never met before that he was more attractive in person than the photo I had been working with earlier that day. It was meant as an off-handed compliment, but at the end of the week, my boss told me it was an infraction of professionalism. Since then we've had 4 more comments that I made to people interpreted as unprofessional. They have no employee manual and when I asked for a definition of what things they considered to be unprofessional I was told I should know. To add to this, while I have been stable since 1982, I have a diagnosis of bipolar disorder which is an ADA qualified disability. As they have no problems with my job performance only negative reactions to my personality, I legally disclosed my disability to them. On Wednesday Nov. 25, 2009, I was called in and presented with 2 posts I had made on WebMD's bipolar support message board where I have been posting for almost 6 years. I was told if I did not have them take off all my messages in 24 hours I would face legal action. On that support site, I do not use my actual name but had posted a photo with a stuffed bear sent to me by someone I had helped. I am a mental health advocate, served on the board of directors for NAMI and have been named a WebMD ambassador due to my work there. I was also given a proposed new rule to be put in the employee handbook that is not complete and has not been furnished that if passed by the board would limit individual's ability to write any job related personal communications on any social networking, blogs or medical message boards without being charged with both dismissal and defamation.  So how much can an organization like a Chamber of Commerce limit the First Amendment rights of those who work there?  Does a salary for a job include 24/7 limits on all personal communication or do I have any rights. Any information you could provide would be helpful and very much appreciated. Thank you.  Joye  

Answer
Joye,

Without hesitation I would contact an employment attorney in your area and request a consultation to understand what your rights are.  From my experience I do know that your ADA qualified disability is protected under Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.  

With regard to your freedom of expression issues I would suggest that your employer cannot control or limit your expressive activities outside of the workplace unless they include untrue inflammatory and libelous statements concerning your employer, co-workers, etc.         

Any workplace policy that you are required to follow must be in writing and you must sign for a copy that you have read and understood the policy.  Informal workplace customs and culture are not official policies.  Because your employer has been researching your background it sounds like you might be being set up for failure.       


Again, I would contact a qualified employment law attorney to discuss what is becoming a hostile workplace environment for you to see how you can protect yourself.  


Jeff


The Office of Jeffrey Hauck
Licensed Private Detective
Post Office Box 142
Macungie, PA 18062
Tel: 484-274-3909
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1st Amendment and Free Speech

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Jeffrey-Peter Hauck

Expertise

I would welcome the opportunity to answer questions related to or relating to the First Amendment of the U.S. Constitution.

Experience

Adjunct professor of criminal justice and political science teaching the courses of "criminal law" and "constitutional law" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Holder of over 50 certifications relating to police instruction. Currently a licensed private detective. 8 year veteran of the United States Army as a Staff-Sergeant/ E-6. Served as Platoon Sergeant and other roles. Primary MOS was 11B3PF7, Airborne Infantry NCO and Pathfinder. Cross trained as supply NCO (76Y) and administration NCO (71L). Graduate of PLDC, BNCOC, and ANCOC leadership schools. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer in the U.S. Army Reserve.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU).

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Emmaus, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training.

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004.

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