By David L., Jr. Hudson
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Additional resources for Blogging (Point Counterpoint)
To presume that all matters which transpire within a government office are of public concern would mean that virtually every remark—and certainly every criticism directed at a public official—would plant the seed of a constitutional case. While, as a matter of good judgment, public officials should be receptive to constructive criticism offered by their employees, the First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs.
These employees also cannot challenge employer policies without suffering financial hardships. There are growing exceptions to the employment-at-will doctrine. Some states have recognized numerous exceptions to the employment-at-will doctrine. These include the covenant of good faith and fair dealing, contractual exceptions to employment at will and various public policy exceptions. 55 Furthermore, some employees may be covered by an employment contract or by implied contractual promises of continued employment.
Employees Should Have the Right to Blog Without Fear . . Internet. 45 Peter Whitney was another casualty of blogging. Whitney worked for Wells Fargo in their mailroom and lost his job after his bosses learned that he criticized fellow employees on his blog. “Right now it’s too gray,” Whitney told USA Today. “There needs to be clearer guidelines. Some people go to a bar and complain about workers. I decided to do it online. Some people say I deserve what happened, but it was really harsh. ”46 The First Amendment limits the ability of public employers to punish off-duty employee speech.
Blogging (Point Counterpoint) by David L., Jr. Hudson