Legal Question in Employment Law in New Jersey
MySpace & Freedom of Speech
I have creative writings on MySpace outside of my former employment. I have never expressed that they were the opinions or writings from anyone other then myself.
As a result of my fictional writings, because the content does have at times an argumentative tone, I was fired for a violation of ''Violence Workplace Policy'' and the potential to cause Publicity to the Firm.
They claimed it was ''harassing'' but it is a written from a fictional character--name removed--perspective.
Can they legally do this?
1 Answer from Attorneys
Re: MySpace & Freedom of Speech
Unless you have a contract that governs the employment (an employee manual might do), your employer can fire you for good cause or for no reason at all. You can't be fired for a bad reason such as racial discrimination.
The company has a right to protect its public image. If you have identified yourself with a point of view that the company considers to be antithetical to its interests, you can be fired.
You mentioned a "Violence Workplace Policy." That may provide a possible way to attack the company action. If you think that the company did not follow its own policy, you may have some leverage that you should discuss with a lawyer in a more privated forum.
See also: http://info.corbettlaw.net/lawguru.htm
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