RE: Employee Threatens and Uses Profanity

[Spookysr]

Constitutional Rights?

You cannot take legal action because she exercised her constitutional rights. She has a right to be a jerk if she so chooses.

Not necessarily true CBG... Yes she has the constitutional right to be “a jerk” and say she for instance “hates all white men" however she can't add to that “hate-speech words” nor can she make any unsubstantiated or untrue slanderous claims about "specific" people or organizations. This would constitute slander and "defamation of character". In other words she can't publicly say "So-in-so is a stinkin' dirty [racial slur] and he and his [racial slur] family are all crooks and tax-cheats!". If she made a hate-speech-word verbal assault against the victim to the victim and in public, specifically named him, and made a false statement about him and his family's morality then so-in-so, and his family, would have legal grounds to pursue civil litigation against her as he/they were "damaged" – in this case possibly financially. What if present and future employers heard these slanderous charges and it impacted their employment? What if present and future clients and friends heard it? What if the authorities acted on this unsubstantiated charge of tax cheating? She also could be arrested for a "hate-crime" if she used racial epithets in her so-called “free-speech” attack. Free speech means you have the right to speak what can be “proven to be true” and should not be specific as to who (recognized originations included) you are speaking about.

She also can not say to the news media: “The XYZ Corporation is nothing but a bunch of crooks and thugs!” If she can’t prove it or back it up with recognized facts she is liable to be sued by XYZ’s lawyers for defamation. However, she can say it privately in a private conversation just as long as that private defamatory conversation does not lead to damage of the victim (i.e. private conversation with victim’s present or future client). Have you heard the saying that free speech does not mean you can falsely yell “FIRE!” in a crowded theater?

Spooky

 

[BelizeBreeze]

Not necessarily true CBG... Yes she has the constitutional right to be “a jerk” and say she for instance “hates all white men" however she can't add to that “hate-speech words” nor can she make any unsubstantiated or untrue slanderous claims about "specific" people or organizations. This would constitute slander and "defamation of character". In other words she can't publicly say "So-in-so is a stinkin' dirty [racial slur] and he and his [racial slur] family are all crooks and tax-cheats!". If she made a hate-speech-word verbal assault against the victim to the victim and in public, specifically named him, and made a false statement about him and his family's morality then so-in-so, and his family, would have legal grounds to pursue civil litigation against her as he/they were "damaged" – in this case possibly financially. What if present and future employers heard these slanderous charges and it impacted their employment? What if present and future clients and friends heard it? What if the authorities acted on this unsubstantiated charge of tax cheating? She also could be arrested for a "hate-crime" if she used racial epithets in her so-called “free-speech” attack. Free speech means you have the right to speak what can be “proven to be true” and should not be specific as to who (recognized originations included) you are speaking about.

She also can not say to the news media: “The XYZ Corporation is nothing but a bunch of crooks and thugs!” If she can’t prove it or back it up with recognized facts she is liable to be sued by XYZ’s lawyers for defamation. However, she can say it privately in a private conversation just as long as that private defamatory conversation does not lead to damage of the victim (i.e. private conversation with victim’s present or future client). Have you heard the saying that free speech does not mean you can falsely yell “FIRE!” in a crowded theater?

Spooky

Did you take a frikkin Idiot tablet this moring. There is not one iota of truth or legal foundation in your 'contrived' situation. I can stand here and call you a puss-infested whore who can't charge more than $5 for a roll in the hay and you can't do a damn thing except spend thousands of your own money to find out I have a constitutional right to my opinion.

If you don't have anything legally valid to add to the conversation, then shut up.