03qclb5spd

Not sure how to title the thread but I hope it gets the attention I want. My girlfriend works as a waitress at Steak N Shake. Recently a lot of policies have changed since some dude took over as CEO. Some of it hasn't been an issue, but a lot of it has rubbed employees the wrong way. Recently pay for trainers was cut almost without warning from 4.00 an hour when not training, and 5.00 an hour while training down to 3.80 while training and 2.60 an hour while training. Many employees are not happy at all and a lot of them have many years of service. It has led to a lot of conversation through all the employees that are friends with each other on facebook. Today my girlfriend said that they are making everyone sign a document at the beginning of their next shift basically to silence whatever they say on facebook if it has anything to do with their job or Steak N Shake, whether it's false or actually true which all of what they have discussed is very true. Can they actually do this legally, or is it violating their constitutional right to free speech?

bansh-eman

I don't think legally they can do that. The only things that I am aware of that your employer can prevent you from talking about, is proprietary information or classified information. I don't think they can do anything about you talking about public policies or things that have taken place.

I would say to call a local lawyer and ask them. I am sure they could tell you the legal stand point on this.

CamperAndy

They can not really request silence on the truth but slander will get them shown the door really fast.

Steak N Shake is going about it wrong also because Ethics is a two way street. If they want the employees to tow a certain line they are setting themselves up for a possible fall with their actions.

There was an NFL player fined recently by his team because he used twitter before he did the post game press conference. Not sure if that is relevant but you see how modern electronic communication can get you in trouble.

cincydiesel

The Facebook sounds fairly reasonable to me. FBing while at work is not appropriate IMO.. The wages decrease is also within reason. Its very unfortunate but in today's times seems understandable. Now if their trying to stop the Facebook while not on company time is another issue

STate

Im no lawyer, but that does seem to violate some const. rights. However, the CEO of Steak N Shake could argue in court that he was protecting his business against slander. This is a tough one, the employer is trying to protect his business, and the employees feel that their rights are violated. The work environment/employee attitudes will definetly be unpleasant. Keep us posted.
Scott

old dog

Cant Speak To The Legality Of It - However The Employer Could Use The Face Book Post To Say That Said Employee Is A Trouble Maker -thus Grounds For Being Fired !

capt.Ron

I would advise not to post anything about your company (whom ever it may be) on facebook. Why not just email instead? The management can't know what you're saying unless someone forwards an email to them. Never put anything in writing that you don't want others to see either. You have essentially created a piece of evidence, even i it's evidence of nothing of weight you have still documented it.
Not sure about in your state but here in TX it's a right to work state". A company can hire and fire "at will" and there is nothing anyone can do. While they may not cite open complaints about the company they can let someone go because of it and just say that they weren't working out. I can let someone go because I don't like their smile or lack there of!!! I wouldn't but I have every right as an employer to do so.
If you're looking for work don't put discriminating photos or stories of parties on facebook either. Companies look for those facebook pages to check up on perspective employees. If you're gonna post it for all the world to see they have every right not to hire someone because of it.

03qclb5spd

To clarify, this is my girlfriend's employer and not mine. Also she is not using FB at work, as she doesn't have the means to, she's simply discussing the multiple policy changes that have taken effect the past several months including the current steep pay cut.

I also discussed with her that they really can fire her for whatever reason they want, which I've always felt is unfortunate but that's just how it is.

She is actively looking for a new job and already has an interview set up for next week, so if she does happen to be fired for anything it's not going to hurt her.....especially since she just got a fairly nice tax return.

My girlfriend and most of her fellow regular employees are friends on facebook and while it seems easier to just e-mail or call each other that's not the case. They're all the type to update their pages with things they are doing or things that they have on their mind. It's similar to here, where all of us discuss multiple issues other than just our vehicles. As stated somewhere in this thread though, there is pretty much an electronic trail of everything you say whereas if you talk in person or something it's a lot more difficult to document. Everything they are talking about is just facts of what has changed about their jobs along with their feelings about it.

She just left to go to her shift for the evening and I warned her again not to sign it before I find out if it's actually legal or not.

ChrisLib

All those folks need to do with their FB postings is to change "Steak n Shake" to "S&S" or some other "code word". Then feel free to bash away. I dont work there, never ate there, dont even have one within 500 miles of me but I`ll gladly bash at corporate micro management and screwing over employee`s with pay cuts etc any day of the week. I am SOOOOO sick & tired of the "corporate" kiss butt culture and its attending idiocy. Teel your GF good luck, hope everything works out for her and her co-workers.

staarma

They can't limit her FB stuff unless she's dicussing trade secrets, proprietary company property, intellectual property etc. then they sure can. Also, they can keep her from doing it on work hours because it isn't part of her job description or benefits.

AaronT

Depending on the locale, Privacy/Personal Information laws can have a big impact. Most companies have a Code of Conduct or similar type document that incorporates many legal requirements.

Sound like there has been a breach of some kind specific to FaceOff and of course it depends on names, numbers, other information being discussed on FaceOff. It is a big can of worms for both companies and human beans. Some of the stuff I have seen posted on FaceOff amazes me in that people can be so mindless to post personal, private or company data.

DmaxEter

There is one of those places about five miles down the road from me. I dont agree with what they have chosen to do so I dont think I will support them anymore. Food wasnt that good anyway.

capt.Ron

Here is another issue that the company may have. Since the employees of S&S are also the face of S&S they may be wanting the employees to limit their discussion of S&S so as not to expose S&S to the scrutiny of an employee who can't seem to keep what should be private off of the web.
I know you folks have seen the posts, "Man I got bombed last night and woke up next to this ugly skank!! Had to chew my arm off to sneak out!!"
Yea that's extreme but if a patron of the establishment sees a posting of that caliber it could cost S&S a lot of business.
I don't do the "FaceBook" thing but my grown daughters do and they are constantly telling me of the idiots who seem to think that others want to know there every move.
"Woke up with a hang over, threw up 3 times" Called my BF and got into a fight because he was jealous of me flirting while I was drunk.....he can be a real A-hole sometimes!!"
Idiots like that.
It's one thing to post anonymously on here "At least I'm anonymous" but it's another to post all of your personal info on Face Book or that other numb nut site.

grouch

First off, it is NOT unconstitutional for the company to limit the use of facebook or anything else. The constitution applies to the government only. The Adams administration (I forget if it was the dad or son) tried a lot of what we would call "Gestapo tactics" and the Bill of Rights was introduced to limit the powers of government. The constitution took a beating under the last Bush administration but it's still in effect.

Steak and Shake can make it a condition of emplyment not to use Facebook. At my work I'm not allowed to carry a firearm onto company property even though I have a permit to carry one concealed. I'm also not allowe3d to have alcohol or illegal drugs in my system while at work. They aren't saying I can't carry a weapon, just that I can't carry it at work. The employer has that right. After all, as far as the law is concerned, I don't HAVE to work there.

chaikwa

What, you don't let your employees surf the web on company time?

I think your interpretation is a tad skewed. What if your employer told you that you could no longer carry, possess or use a firearm ANYTIME. EVER. First of all, I don't think they can. Secondly, how would you feel if they did? S&S is essentially telling their employees they can't use Facebook, at work, home or anywhere else. It's the same thing as telling you, you can't have a firearm anymore. Sure, they can implement the policy. Enforcing it would be another matter. An expensive matter if someone challenged it in court.