Where Free Speech Goes to Die: The Workplace

[appal_jack]

25. Looking for balance here...

Given that presently, an employer has all the rights and the employee basically has none (outside the protected classes of race, gender, age, etc.) in most private places of employment, there is plenty of room for change for the better.

Have I thought out every contingency yet? Of course not. But I will stick to the idea that balance is a better option than ceding all power to capital, and depriving labor of any whatsoever.

One important balance that was already mentioned above would be the presence of more unions on job sites. At unionized workplaces, a committee review of speech-related disciplinary actions could weigh-in on whether the speech of concern really negatively influenced the job being done or not.

Regarding the customer service agent's phone calls, of course the employer has an interest in quality control of the customer service agent's job, so phone call monitoring is essential. But does the same employer get to go through their employee's bags? What about her car, parked outside in the parking lot? What about her bodily fluids (e.g. - a drug test that can also be used to ascertain pregnancy)? We have slipped pretty far down this slope, and there is no sign of slowing that I can tell.

-app