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Click to view DomainDiva's profile Mogul DomainDiva 1,732 posts since
Oct 10, 2007
0. Re: What recourse do I have? Aug 10, 2009 7:54 PM
What are your company guidelines regarding extracurricular free speech? If you don't have any guidelines, I would consult a labnor attorney and develop them quick. When these new rules are adopted and made a part of the company policy, then you will have to talk to this person and tell them that their actions are divisive and rude.

I would NEVER allow anyone working for me to post anything such as you have described in one of our public areas. Our only public area is our BaseCamp site but my employees would never post these things out of general regard for the other people on the team. I guess that's what bothers me most about your question, this person has no regard for their workmates. How sad.
Click to view Iwrite's profile Mogul Iwrite 1,101 posts since
Dec 29, 2007
1. Re: What recourse do I have? Aug 10, 2009 8:15 PM
in response to: DomainDiva
DomainDiva is right. Consult an employment lawyer, because it appears you don't have a policy against it, things might get strange. And you are in California, laws out there are unlike other parts of the country.

I think you are within your rights to draw up a policy but legal advice is really needed here. But that doesn't mean you can't talk to the employee about her actions and how it is causing issues. You may want to have a witness for this discussion.

Follow whatever policy you do have in place to the letter!
Click to view businessSIR's profile Mogul businessSIR 19 posts since
Aug 13, 2009
2. Re: What recourse do I have? Aug 13, 2009 10:12 PM
What you have to remember is that it is your place of business and that you have the right to not let anything offensive be placed anywhere that can compromise the integrity of your business. Like it was said before, consulting a lawyer on this matter is your best option but there are ways that you can protect yourself from any backlash. You always want to use documentation when talking with any employee about such behavior. Write ups for such action is used by many big companies to show that they did give the employee a fair chance to return to work even though they were talked too about the incident. One thing you have to be careful with is people who try to take advantage of free speech laws.

Many companies have clauses in their initial hirring contract with an employee that states what can be done in the event that such a incident takes place. And also many employers make new hire employees take sensitivity courses and upon completion make the new associate sign a document saying they know full well of the issues talked about and what can be done if they break the rules of the company.

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