Question about termination

[anonymousone]

What is the name of your state?
NY

May a public employer fire an employee for simply posting on the internet ( outside of business hours and on their own time ) ?
I recently had an incident where my posting on internet boards over several years ( not pornographic in nature, mostly career-related boards ) became an issue when my employer found out about my activities. A workplace investigation resulted and I settled with them for a period of unpaid suspension to get the issue done and over with and get back to work, which is very important to me. As part of the settlement, I was advised that if there are repeat incidents, I would be facing dismissal.I feel that this hinges on a First Amendment right, but they claim that as public employees we have a diminished First Amendment right; that yes, we do have a right of free speech, but they do not have a requirement to employ us while we exercise that right.

This simply doesn't sound right to me, and while I might be better served to seek out some face to face legal counsel on this issue in case it arises again, I thought I might throw the question out there and see what the general thought on this issue would be here.

 

[thwarted]

WV - Were you using the employer's internet access or your own at home?

 

[BelizeBreeze]

The best way for you to get help is to lay out the situation, what was posted, if you are working under a collective bargaining agreement or public policy regulations and any other pertinent information related to the incident.

You are not going to receive a valid answer based on what little you posted.

 

[anonymousone]

NY
I am not sure how much I can post without exposing myself to further disciplinary action for unauthorized discussion of work related matters if this thread should come to their attention.
All posting was done from home.
We have collective bargaining.
Basically, my screen name was connected with my line of work ( although only they could interpret what the numbers and letters meant; to outsiders it meant nothing, as I found over my many years of posting), they felt that in posting I was "representing" myself as a spokesman for the agency, and that I failed to state in my posts that what I was posting was my personal opinion, even though anyone even remotely familiar with how internet discussion boards work would never assume that a poster was speaking in an official capacity on behalf of their employing agency through their posts.

 

[BelizeBreeze]

If there is a collective bargaining agreement in place then you need to be speaking with your union rep.

 

[anonymousone]

If there is a collective bargaining agreement in place then you need to be speaking with your union rep.

They were involved in the recent disciplinary action and they seem to agree with the powers-that-be that we have a diminished freedom of speech as employees.