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Boss punishing me for who I talk to.

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XavierCross

Junior Member
My boss told me to clock out and go home for asking a service writer about shop business during my two days off. I and the shop supervisor, and my normal procedure is to ask the service writer for information upon clocking in, but our new manager (6 months) took exception and walked up to me and only said "clock out and go home". When I asked why, he said a regular mechanic was cleaning, and I wasn't. This was 22min into my shift, and I was being updated about work business. The next day, a regular mechanic was walking around with his hands in his pockets talking to said manager for 40min. He later told me the manager told him as long as you get your info from me, everything is good. I never got an official "write up", and manager has never talked to me about the situation since I returned to work.
My question is, is this a 1st amendment violation, punishing me for who I'm talking to, even about work related issues?
 


not2cleverRed

Obvious Observer
My boss told me to clock out and go home for asking a service writer about shop business during my two days off. I and the shop supervisor, and my normal procedure is to ask the service writer for information upon clocking in, but our new manager (6 months) took exception and walked up to me and only said "clock out and go home". When I asked why, he said a regular mechanic was cleaning, and I wasn't. This was 22min into my shift, and I was being updated about work business. The next day, a regular mechanic was walking around with his hands in his pockets talking to said manager for 40min. He later told me the manager told him as long as you get your info from me, everything is good. I never got an official "write up", and manager has never talked to me about the situation since I returned to work.
My question is, is this a 1st amendment violation, punishing me for who I'm talking to, even about work related issues?
No. This is not a violation of your first amendment rights. Your boss is allowed to be bossy and tell you what to do while you are on the premises.
 

XavierCross

Junior Member
Even without telling me what that policy is, even after issuing that punishment? He has not told me that asking service writer for info was no longer policy, or what the new policy is. There has been no discussion between me and manager for 4 days of work.
 

FlyingRon

Senior Member
Work is not a democracy. It may not be fair, but it is not wrongful termination or any civil rights violation.
 

cbg

I'm a Northern Girl
Sorry, chum, but this is legal. It may or may not be fair; it may or may not be good management. But it is legal and it does not violate any protected rights. The First Amendment does not say what you seem to to think it does.
 

Taxing Matters

Overtaxed Member
My question is, is this a 1st amendment violation, punishing me for who I'm talking to, even about work related issues?
The answer to that is no. The First Amendment to the U.S. Constitution says the following: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” (Bolding added.) Note the effect of the first five words that I bolded: The First Amendment only prevents Congress (and by extension the entire federal government) from prohibiting speech. Thus, originally the First Amendment only restricted the federal government, not the states or private persons. The Supreme Court has held that the 14th Amendment, which was adopted after the Civil War, extends this prohibition (and much of the rest of the rights in the Constitution) to the state and local governments as well. But it is still the case that the First Amendment is only a restriction on what government may do, not private persons.

As a result, a private (i.e. non government) employer my regulate speech within the workplace. A private school may regulate speech within the school. A private person may regulate the speech of others in his/her home.
 

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