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Posted on 9/24/18 at 7:09 pm to Parmen
quote:
Can an employer mandate that all employees will be at work at 9am and will stand and recite the Pledge of Allegiance with their hand over their heart?
Perhaps you should show up after 9:00 and refuse to recite the Pledge. Then you will have an answer to your hypothetical question.
Posted on 9/24/18 at 7:19 pm to Parmen
quote:
Can an employer mandate that all employees will be at work at 9am and will stand and recite the Pledge of Allegiance with their hand over their heart?
That’s the craziest thing I’ve ever heard. That’s a lawsuit just waiting to happen, I’m sure any lawyers that hear about this will be chomping at the bit.
Posted on 9/24/18 at 7:23 pm to Parmen
Private employer? Yes
Posted on 9/24/18 at 7:29 pm to kywildcatfanone
I don’t see how this is even a question. It’s a First Amendment issue and the Supreme Court has ruled that it protects not only the right of free speech, but also the right to abstain from speech that one does not agree with.
I know I’ll get bashed for being “unAmerican” or whatever but the law is the law.
I know I’ll get bashed for being “unAmerican” or whatever but the law is the law.
This post was edited on 9/24/18 at 7:31 pm
Posted on 9/24/18 at 7:31 pm to gizmothepug
quote:
seems like a private company has every right to expect its employees to be at work by a certain time. You might not agree with reciting the pledge but you also don’t have to work there.
I get that, and I agree kind of. I don't think the employees could be forced into this.
This post was edited on 9/24/18 at 7:34 pm
Posted on 9/24/18 at 7:35 pm to alajones
An employer can enforce the time employees need to be at work, but they can’t force anyone to recite the Pledge of Allegiance. If schools can’t force schoolchildren to do it, I seriously doubt an employer can force it upon adults.
You run into an even bigger issue if some of those employees aren’t US citizens.
You run into an even bigger issue if some of those employees aren’t US citizens.
This post was edited on 9/24/18 at 7:37 pm
Posted on 9/24/18 at 7:38 pm to Corkfather
Well, yeah on the 9 am stuff.
I’m talking about the pledge. I can’t believe I’m getting downvotes for that. Do people here really think employers have (or should have) that much power over their employees?
I’m talking about the pledge. I can’t believe I’m getting downvotes for that. Do people here really think employers have (or should have) that much power over their employees?
Posted on 9/24/18 at 7:41 pm to Parmen
If they aren’t willing to sign loyalty oaths then fire them.
Posted on 9/24/18 at 7:43 pm to Corkfather
quote:
I know I’ll get bashed for being “unAmerican” or whatever but the law is the law.
I think you'll get bashed more for being ignorant on the topic.
Posted on 9/24/18 at 7:46 pm to Corkfather
quote:
I don’t see how this is even a question. It’s a First Amendment issue and the Supreme Court has ruled that it protects not only the right of free speech, but also the right to abstain from speech that one does not agree with
Constitution only applies to the government. There is no such thing as a right of free speech between private entities.
Posted on 9/24/18 at 7:47 pm to alajones
quote:
Do people here really think employers have (or should have) that much power over their employees?
Freedom of contract
Posted on 9/24/18 at 7:51 pm to Antonio Moss
He hasn’t mentioned a contract and the employer can’t retroactively enforce one.
Posted on 9/24/18 at 7:54 pm to alajones
quote:
He hasn’t mentioned a contract and the employer can’t retroactively enforce one.
Contracts can be implied. If you are performing services for compensation you have a contract with an employer, whether it's on paper or not. Now, the interpretation can get messy, but if there's a working relationship with no contract I'm guessing it's not very sophisticated and there won't be some big legal battle.
Posted on 9/24/18 at 7:54 pm to alajones
quote:
He hasn’t mentioned a contract
Every employment agreement is a contract
quote:
and the employer can’t retroactively enforce one.
Sure he can. Especially if there wasn’t one previously in place. You’ve never had an employer give you a new directive?
Posted on 9/24/18 at 7:56 pm to Antonio Moss
quote:
I don’t see how this is even a question. It’s a First Amendment issue and the Supreme Court has ruled that it protects not only the right of free speech, but also the right to abstain from speech that one does not agree with
quote:
Constitution only applies to the government. There is no such thing as a right of free speech between private entities.
It's no wonder we elect so many idiots, most of the constituency doesn't know the most basic shite.
Posted on 9/24/18 at 7:57 pm to Parmen
quote:
Can an employer mandate that all employees will be at work at 9am and will stand and recite the Pledge of Allegiance with their hand over their heart?
If it's a private company it can be part of their policy.
Posted on 9/24/18 at 7:58 pm to Antonio Moss
quote:
Constitution only applies to the government. There is no such thing as a right of free speech between private entities.
True, but there is something callled discrimination. If an employer fired someone for refusing to participate in the Pledge, that would be discrimination of political beliefs.
It may vary state to state some but I’m sure if this went to court the employee would win.
This post was edited on 9/24/18 at 8:01 pm
Posted on 9/24/18 at 8:00 pm to Parmen
So, the hypothetical employer has you clock in at 9AM and then they require employees to recite the pledge on company time? If your employer makes it a job requirement then, yes, they can enforce this.
Posted on 9/24/18 at 8:00 pm to Corkfather
You’re wasting your time.
Employers can’t require prayer at work. This would never stand in a courtroom.
Employers can’t require prayer at work. This would never stand in a courtroom.
This post was edited on 9/24/18 at 8:03 pm
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