Who do you think would win the case of Rape Supporter Employee vs HDB Ltd?
HDB Ltd employs an individual who repeatedly goes on Twitter an advocates his support of rape. He makes posts like, "Rape is number 1, let's go rapists!" HDB Ltd informs the Rape Supporter Employee that his contract states he cannot bring the company into disrepute.
Rape Supporter Employee makes more tweets and posts on Facebook stating, "Just love them rapists. More rape! More rape! More rape!" HDB Ltd tells the employee that this is final warning. We are losing business now because customers are associating us with rapists and it is damaging our brand.
Rape Employee Supporter just can't control himself and tweets yet again, "RAPE NO 1. WOOOH. LOVE THAT RAPE!!!"
HDB Ltd fires him and he takes the company to court citing freedom of speech. Of course the courts will rule that he has his freedom of speech, but that does not entitle him to say whatever he wants on HDB Ltd's dime.
- Anonymous5 months ago
The Courts won't "rule" he has freedom of speech. That's an established fact, and a ruling isn't necessary.
An employee can be fired for any reason or for no reason. In some cases a contract or employment agreement would be involved. A union might offer the employee some protection.
You didn't explain the case. "He takes the company to Court citing freedom of speech." WHY does he take the company to Court? Reverse his firing? Get a ruling on the company's policy? Something else? "Citing freedom of speech" tells me nothing.
Incidentally, I am a rape survivor, a brutal rape at knifepoint, so I find your question to be somewhat offensive, particularly because YOU appear to have little legal education or training. Calling people by dismissive names - "sweetheart" - doesn't help your legal argument in any way.
Who would "win?" I repeat, win WHAT?
I consider this scenario to be much the same as companies which attempt to restrict the activities of an employee AFTER the employee is terminated. Many of those contracts have been set aside by Courts if the employee does NOT disparage the former employer The former employees who DO disparage the initial employer find themselves bound by the contract.
Just interested - what is your legal training/experience? I'm not seeing it.
- Aussie BattlerLv 75 months ago
This is a silly " example . "
- 5 months ago
He certainly can't during working hours. Nor can he at any time associate his employer with any of his personal statements or opinions?
- 5 months ago
Trolls are always losers. Anyone that posts "Just love them rapists. More rape! More rape! More rape!" is a troll.