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First Amendment and a gag order by my Human Resources dept?

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user419

Junior Member
I'm in Massachusetts and recently was involved in an issue where I was accused of harassment. Not sexual, and not even serious enough to warrant termination. I feel aspects of this were false, and that it was handled atrociously and I am upset, but in addition to all that, I've been ordered not to talk about it with anyone at work. Is this something that Human Resource depts are legally allowed to do? Does it deny me any First Amendment rights? I don't believe I signed any gag order clauses when I was hired. It has affected my morale and (for several weeks) sleeping. I am frustrated and don't feel like I can even reach out for the "Hey, this is just nuts!" type support that I normally would from colleagues. It was upsetting enough to be (wrongly) accused, but being told I'll be terminated if I respond or reply in any way is so Draconian.

And if it IS legal, any suggestions or advice about how to deal with it? Just let it go? Look for other work? Thank you for any sane words of wisdom you can offer!
 


Proserpina

Senior Member
I'm in Massachusetts and recently was involved in an issue where I was accused of harassment. Not sexual, and not even serious enough to warrant termination. I feel aspects of this were false, and that it was handled atrociously and I am upset, but in addition to all that, I've been ordered not to talk about it with anyone at work. Is this something that Human Resource depts are legally allowed to do? Does it deny me any First Amendment rights? I don't believe I signed any gag order clauses when I was hired. It has affected my morale and (for several weeks) sleeping. I am frustrated and don't feel like I can even reach out for the "Hey, this is just nuts!" type support that I normally would from colleagues. It was upsetting enough to be (wrongly) accused, but being told I'll be terminated if I respond or reply in any way is so Draconian.

And if it IS legal, any suggestions or advice about how to deal with it? Just let it go? Look for other work? Thank you for any sane words of wisdom you can offer!
It's got absolutely nothing to do with the First Amendment.

Here's a primer: http://www.firstamendmentcenter.org/sorting-out-what-freedom-of-speech-is-and-isnt
 

Shadowbunny

Queen of the Not-Rights
I'm in Massachusetts and recently was involved in an issue where I was accused of harassment. Not sexual, and not even serious enough to warrant termination. I feel aspects of this were false, and that it was handled atrociously and I am upset, but in addition to all that, I've been ordered not to talk about it with anyone at work. Is this something that Human Resource depts are legally allowed to do? Does it deny me any First Amendment rights? I don't believe I signed any gag order clauses when I was hired. It has affected my morale and (for several weeks) sleeping. I am frustrated and don't feel like I can even reach out for the "Hey, this is just nuts!" type support that I normally would from colleagues. It was upsetting enough to be (wrongly) accused, but being told I'll be terminated if I respond or reply in any way is so Draconian.

And if it IS legal, any suggestions or advice about how to deal with it? Just let it go? Look for other work? Thank you for any sane words of wisdom you can offer!
The 1st Amendment is about the Government restricting speech, not an employer.

Aside from that, it's good business for them to tell you not to discuss it with coworkers. There is NOTHING good that can come from creating and fanning the flames of that sort of drama. Get your emotional support from friends or families, not coworkers. And if they do terminate you, unless you have an employment contract, it's most likely legal.

The best thing you can do for yourself is go to work each day and do your job to the best of your ability. Don't dwell on the issue, and if it's that upsetting to you to be there, start looking for a new job.
 

Eekamouse

Senior Member
I'm in Massachusetts and recently was involved in an issue where I was accused of harassment. Not sexual, and not even serious enough to warrant termination. I feel aspects of this were false, and that it was handled atrociously and I am upset, but in addition to all that, I've been ordered not to talk about it with anyone at work. Is this something that Human Resource depts are legally allowed to do? Does it deny me any First Amendment rights? I don't believe I signed any gag order clauses when I was hired. It has affected my morale and (for several weeks) sleeping. I am frustrated and don't feel like I can even reach out for the "Hey, this is just nuts!" type support that I normally would from colleagues. It was upsetting enough to be (wrongly) accused, but being told I'll be terminated if I respond or reply in any way is so Draconian.

And if it IS legal, any suggestions or advice about how to deal with it? Just let it go? Look for other work? Thank you for any sane words of wisdom you can offer!
Leave your drama at home. Grow up and realize that gossiping about whatever issue you're upset about at work would be taking away from the time you're supposed to be working and likely nobody but you cares about it anyway. Be glad you have a job and concentrate on doing your job to the best of your ability instead of doing stupid things that'll only end up with you getting fired.
 

eerelations

Senior Member
1. It is perfectly legal for employers to dictate what employees may and may not talk about at work (except possibly wages and in limited circumstances), and perfectly legal for employers to fire employees for talking about things they've been ordered not to talk about.

2. In law, there is no such thing as harassment that is "not even serious enough to warrant termination." All harassment, whether it be serious or not serious, legal or illegal, can be valid legal grounds for termination.

Regarding how to deal with this? There isn't anything legally you can do about this, so really all you can do is let it go. Letting go may or may not include looking for other work, that would be entirely up to you.
 
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cbg

I'm a Northern Girl
Is this something that Human Resource depts are legally allowed to do? Yes.

Does it deny me any First Amendment rights? No


It's not only legal, it's the smart thing to do and it's what just about every HR department in the country would do.

Nowhere does the First Amendment say that you're allowed to say anything you want, any time, any place, with no consequences. It says that THE GOVERNMENT shall not pass any laws restricting your speech. It does not say your employer can't tell you to shut up while they're doing an investigation.

This is not being handled "atrociously". This is being handled RIGHT. And while you may not be able to see it because you're so focused on getting all your co-workers to tell you that you were right and that no one should have accused you of anything, it is actually to your betterment that this not be discussed by anyone. HR is not "restricting your rights"; they are doing you a favor.
 

commentator

Senior Member
When we've worked at a place for a long time, we get very comfortable there, and it begins to feel like a family, and we begin to get illusions about how we should reasonably expect things to happen. However, how we feel, or perceive that it would be right or fair for us to be treated are not at all the way it works in an ordinary workplace. This is particularly true in an "at will" state, which yours is.

It is apparent that your employer had some sort of problem with your work behavior and/or performance or the way you related to co-workers. While this may have fallen into your definition of a very minor issue, harassment but not even sexual (since, as you say, it did not even lead to your termination) it was obviously behavior that was displeasing to your employer.

Make NO mistake here, HR is not the evil agent of your destruction, your management and supervisors tell HR what they want done with you and how they'd like you to be handled. There has apparently been some reason that they have reason to believe you are going to do a lot of talking ordinarily, and have told you to keep a sock in it pertaining to this incident, or you will end up fired.

If you are the loudmouth chief complainer of the workforce, they can legally fire you for that, and even if your work is valuable to them otherwise, you will certainly not be perceived as their favorite if you are sowing dissention and complaining about your supervisors or what has been done to you. It is unprofessional behavior, as many people have pointed out to you. Seek counseling, talk to your friends and family members away from work, but do not bring either your personal problems to work, or air your work related grievances to co-workers.

I once had a supervisor who forbade professional employees to speak to each other on the job about anything much that was not necessary and work related. It was silly and made us feel juvenile and resentful. Of course we all had each other's phone numbers and talked to each other away from work, probably much more because of this rule. But was he within his legal right to demand this of us? Yes.

And I must admit, it did improve the atmosphere of this particular workplace, because some of the people were professional quality gripers and whiners. There had previously been much "teasing" between the employees that some didn't think was too funny, and the situation was drifting toward sexual harassment, so the employer had every right to bring the hammer down about our casual conversations.
 
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user419

Junior Member
Thanks for the advice.

Thanks for the advice. In this specific case it's more that someone else was spreading slanderous things about me, saying things I never did or said, and HR decided to penalize me. It's not that I want to badmouth. But regardless, it sounds like I'm best off just keeping my chin up and as someone said, doing the best job I can do and hoping that prevails in the long run. Thank you all for being such a useful sounding board!
 

eerelations

Senior Member
HR is not penalizing you, HR is protecting you. If you start talking to your coworkers about this, you will be seen by some (and possibly many) as being a whining complainer who doesn't understand that the professional way to handle this is to hold his head up high and keep his mouth shut. Your ability to work with others will be affected negatively.

In addition, you will be identified by management as a troublemaker, which will in turn harm your career prospects at this company. And if you decide to search for another job? All of this will come out in the reference-checking process.

All HR is doing is ensuring you approach this issue in a professional manner.
 

cbg

I'm a Northern Girl
I guarantee you that you are not the only person HR has told not to talk about this. And there are real reasons for it and they really do protect you.
 

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