Just Because Duck Dynasty's Phil Robertson Survived Doesn't Mean You Have Free Speech At Work

Unless you've been out of the country for the holidays, you probably heard about the brouhaha over Duck Dynasty patriarch Phil Robertson's anti-gay and racist comments. He was interviewed by GQ and made comments that got him suspended indefinitely by A&E Television Networks, LLC. That caused an uproar, with petitions from Robertson supporters flying and claims that A&E violated his First Amendment rights. He was then reinstated.

Does this mean that you should let loose with your beliefs about race, women, gays, or religion at work or in your public social media? Heck no. You probably aren't bringing in millions of dollars of revenue to the company. You probably don't have thousands of supporters who will petition for you. You'll just be fired.

My latest article at AOL Jobs has gotten a huge number of angry comments from readers who swear I'm ignorant about the First Amendment and got this wrong. If you're a regular reader here, you know there's no right to free speech at work. You can refresh your memory by reading about Ozzie Guillen's run-in with free speech at work and 10 Workplace Rights You Think You Have - But Don't.  

If you want to read my AOL Jobs piece on Duck Dynasty (or just want to see the comments - over 1500 and climbing), the article is here.

Elf's Lament: Don't Forget The Underpaid Workers This Holiday Season

If you're like me, you're probably doing some last minute holiday shopping. While you're loading up on gifts at one of those mega-stores open 24 hours or on holidays, remember that more than 1 in 10 Americans who work full time are still poor. You're probably handing your credit card to someone who lives below the poverty line. About 1 in 4 private sector jobs pays below $10/hour.

I'm on vacation, so rather than make my argument I'll let someone else do it for me. You can even listen to my favorite pro-employee Christmas song, Elf's Lament (about the travails of Santa's workers), embedded above, while you read these. Take a look at this article on why It's Not OK That Your Employees Can't Afford To Eat. And then ponder Pope Francis's snappy retort to Rush and friends who called him a Marxist when he spoke out about the evils of trickle down economics: "The promise was that when the glass was full, it would overflow, benefitting the poor. But what happens instead, is that when the glass is full, it magically gets bigger nothing ever comes out for the poor."

So, enjoy your family holiday celebrations, drink some eggnog, and toast to the workers who made your holiday celebration possible. Then let's  resolve to follow the good examples set by SeaTac, Washington, New Jersey, California and other American cities and states and raise the minimum wage to a living wage.

Happy holidays!

Is My Noncompete Enforceable If I'm Fired Without Cause? Don't assume your non-competition obligations end when you're fired

Wow!

When I wrote an article on How Do I Get Out Of My Noncompete Agreement?, I found out that AOL Jobs readers have lots of questions about noncompetes, and I don't blame you. I get people in my law practice asking me questions on non-competition agreements every week. That's because most people don't even realize they've signed something saying they can't work for a competitor for a year or two after they left, or they thought (wrongly) that a non-competition provision couldn't be enforced. I'm going to answer some reader questions This week, I answer a reader question: Is My Noncompete Enforceable If I'm Fired Without Cause? Read my answer on AOL Jobs here.



Please don't forget that the ABA Blawg 100 is asking for your votes for your favorite blog in the Labor and Employment category. If you think this blog is worthy, I continue to need your vote. Go to the ABA website here. It takes about 30 seconds to register. Then go to the Labor & Employment category. Find Screw You Guys, I'm Going Home. Look to the left and you'll see a button that says, "Vote Now." Click it. You're done. The polls shut down at close of business today. If you have trouble voting or questions about anything else, please see the ABA's Blawg 100 FAQ.

Can My Employer Make Me Socialize With Co-Workers? Whether you say yes or no to office events, here are your legal rights

It's holiday party time, so this question I received from a reader is timely:

I just read your article about social media passwords, and I have a question for you that my HR person cannot seem to answer for me. My boss told me that I am not relating to the other employees (I didn't realize that I wasn't) and wants me to go to lunch with them or go shopping with them on the weekend. They are mean and spiteful people who look for any way to manipulate people. She asked me about my personal life and made me feel like I had to answer so I did tell her some things. (I won't make that mistake again.) She made personal comments about my relationship and encouraged me to break it off. I would never, ever tell anyone that. What are my rights here? I spoke with our HR department who said that she can say whatever she wants (no matter how rude!), but I can say, "It's my personal life and I do not wish to talk about it." Did they tell me the truth or leave part out? Can she make me go places on my breaks or off time with people I do not want to go anywhere with? I really need some help.

Thank you for advising me on this.

Especially around the holidays, there's pressure on employees to socialize with co-workers. Some companies try to make the holiday parties mandatory. Others have "team building" events overnight or on weekends. Some expect the team to have lunch together. And guess what? You aren't going to be paid for any of this.

What's an overworked employee to do? Read my AOL Jobs article here to find out what your legal rights are if you want to say no, and what legal rights you have if you decide to attend.

Please don't forget that the ABA Blawg 100 is asking for your votes for your favorite blog in the Labor and Employment category. If you think this blog is worthy, I continue to need your vote. Go to the ABA website here. It takes about 30 seconds to register. Then go to the Labor & Employment category. Find Screw You Guys, I'm Going Home. Look to the left and you'll see a button that says, "Vote Now." Click it. You're done. The polls shut down at close of business this Friday, Dec. 20. If you have trouble voting or questions about anything else, please see the ABA's Blawg 100 FAQ.

Can My Employer Trash Me In References? 6 things you need to know about job references

Suzanne Lucas, better known as the Evil HR Lady (she's very nice and not evil at all), did an interesting article about what employers are saying about former employees in references. Hint: It's not good.

Lucas says this: "Reference-checking firm Allison & Taylor estimates that 50 percent of their reference checks come back negative or lukewarm." If you want to chill your blood, read the article for some actual things employers have said about employees.

In my AOL Jobs column, I answer a reader question about whether or not employers can trash employees in job references. You can read it here.

I'm totally slammed at work, so that's it for now. Please don't forget that the ABA Blawg 100 is asking for your votes for your favorite blog in the Labor and Employment category. If you think this blog is worthy, I continue to need your vote. Go to the ABA website here. It takes about 30 seconds to register. Then go to the Labor & Employment category. Find Screw You Guys, I'm Going Home. Look to the left and you'll see a button that says, "Vote Now." Click it. You're done. The polls shut down at close of business Dec. 20. If you have trouble voting or questions about anything else, please see the ABA's Blawg 100 FAQ.

American Bar Association Names Screw You Guys, I'm Going Home A Top Legal Blog For Third Year

Thank you so much to those who nominated this blog to the ABA's Blawg 100! The American Bar Association has announced their winners, and Screw You Guys, I'm Going Home was named one of the top labor and employment blogs in the country for the third year in a row. I couldn't have gotten there without your help.

I'm honored to be included as the only employee-side blog in the labor and employment category, along with such terrific management-side blogs as Dan Schwartz’s Connecticut Employment Law Blog, Molly DiBianca’s Delaware Employment Law Blog, Eric Meyer’s The Employer Handbook, Jeff Nowak’s FMLA Insights, Jon Hyman’s Ohio Employer's Law Blog, and Seyfarth Shaw’s Trading Secrets. Dan Schwartz was also named to the blawg hall of fame!

Vote for Screw You Guys, I'm Going Home here

It's such a pleasure to write this blog, mainly because of you, my readers. I love your questions and comments, and enjoy being able to point employees in distress in the right direction. I know my fellow honorees on employer side feel the same about trying to help employers sort through the confusing tangle of employment laws. Here's what the ABA Journal says about this year's Blawg 100:

It's our lucky seventh time at this blog-ranking rodeo. Does luck come into play as we assemble our list? Perhaps. Maybe it's a lucky break for a blogger when one of its readers takes the time to write to us to make sure we give it serious consideration. There are thousands of legal blogs, after all.

But really, it's a blogger's dedication, creativity and engagement with readers and the other minds of the legal blogosphere that make us take notice. We think our familiarity with these blogs ultimately makes us better legal journalists—and getting to know them might make you a better lawyer. At the very least, you might find kindred spirits who articulate the highs and lows of practice with wit and empathy.

If you've been following this blog all for at least a year, you know what's coming. Now is the time to vote for the best of the best in each category. Screw You Guys, I'm Going Home has come close to the top, but hasn't quite made it to the very peak of the labor and employment law blogs yet. I need your help.

If you think this blog is worthy, I need your vote. Go to the ABA website here. It takes about 30 seconds to register. Then go to the Labor & Employment category. Find Screw You Guys, I'm Going Home. Look to the left and you'll see a button that says, "Vote Now." Click it. You're done. The polls shut down at close of business Dec. 20. If you have trouble voting or questions about anything else, please see the ABA's Blawg 100 FAQ.

Thank you, thank you, thank you for all your support. Do check out the other labor and employment blogs. Even though they're geared toward helping employers rather than employees, they're chock full of great information, good writing, and good humor. You can also  click here for a list of all the honorees' Twitter handles if you want to see the latest employment law news.

Please don't forget to vote!