Legal Question in Employment Law in Washington
free speech
a friend of mine was recently terminated at our place of work. many of us feel it was an unfounded termination. as a sign of support for our co-worker, several of us wrote the following message, in white shoe polish, on the rear windows of our personal vehicles. ''where's blank?'' we used our friend's name. these vehicles are not used for business and are parked in a lot, far from public view. today i was informed that i must remove the message or face possible termination. can they dictate what we do with out own property, not used for work purposes?
2 Answers from Attorneys
Re: free speech
Merry Kogut's response is correct. I am only writing to add a comment about free speech. The First Amendment protects us from government interference in our right to express ourselves. (There are some "however"s not relevant here.) It does not protect free speech in private contexts. Thus, your employer can make restraint of disfavored speech a condition of employment in most cases.
We are not saying it is just, and we are not saying it is a smart way to do business. We are saying that it is legal.
Re: free speech
Generally speaking, you can be terminated for any reason an employer wishes, unless the reason violates a law or contract. For example, if I found out that one of my employees smokes cigarettes (but only at home), I could just decide to fire him or her. Or actually, I don't even need a reason.
You didn't mention whether or not the lot belongs to the owner. If it does, the employer might be offended.
What you really have to ask yourself is how important the job is to you. If you need the job, keep your nose clean and to the grindstone. If you can afford to lose it, or if your principles outweigh your need for the job, then taunt the man.
Bottom line is, they can't dictate what you write on your car, but they can fire you because they woke up on the wrong side of the bed.
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