Why are people trying to talk me out of going to the new job?

[smahala1991]

A couple waitresses are trying to talk me into staying because they say they know people who worked at the new place and basically said they treat you like a slave and that I have leniency and seniority here. But they are only paying me $8 a hr over the new place paying me $10 a hr. Are they just jealous? The manager also has told me he doesn't wanna hear no more about my new job and I'm not to talk about it. I'm sorry I thought I was protected by the First Amendment.

[Massageman]

Well, there is really no reason to be discussing a new job with everyone anyway. Your business should be kept just that - YOUR business. but I digress - - - - - -

You might not want to hear this, but you asked - - - - - -
While mention of free speech generally calls to mind the First Amendment, the Constitution only protects speech from governmental prohibition. While public employers must adhere to the strictures of the First Amendment when addressing employee speech in the workplace, private employers are not so limited. Private employers often do place restrictions on employee speech, especially online. That doesn’t give private employers a free pass – many state and federal employment laws place limitations on a private employer’s ability to regulate their employees’ speech – but restrictions are certainly appropriate.

First and foremost, it’s important for private employers to keep in mind that employees have the right to talk about their wages, their hours, and their working conditions – among each other and, potentially, online through social media outlets. The National Labor Relations Act (NLRA) prohibits employers, including non-union employers, from restricting such discussions among and by their workforce. Too often employer handbooks and internal policies list “wages” or “salary” as a piece of company confidential information about which employees are prohibited from talking. This may very well run afoul of the NLRA and open an employer to liability.

Additionally, employers generally have a duty to prevent harassment, discrimination, and retaliation in their workplaces. Employee speech, and social media posts, complaining about such activities are protected (and would often fit under the definition of “working condition” speech allowed under the NLRA). Such speech cannot be regulated by, and importantly should not be ignored by, an employer. If discovered or reported, any social media posts or communications by an employee seemingly intended to harass or discriminate against another employee should be promptly addressed by the employer. And employees complaining publicly about such language should not be reprimanded, but rather encouraged to address such concerns with management to ensure the behavior is addressed.

But beyond those strictures, private employers have significantly freer rein to restrict employee speech. And employers should most certainly restrict certain types of speech, and reprimand or terminate employees who violate such restrictions.

Various state and federal discrimination acts prohibit adverse employment actions (reprimand, demotion, termination) based on, among other things, age, disability, gender, immigration status, military status, genetic information, and, at times, sexual orientation. But employees engaging in hate speech are not a protected class. Nor are employees who engage in open political speech that might not comport with an employer’s values. In fact, it is often worth implementing a code of conduct or including a “morality clause” in employee contracts and handbooks in order to address appropriately employee speech should the need arise.

Even if an employee engages in this type of speech (including through social media posting) on their own time away from work, a private employer is often within its rights to make a decision about that employee’s continued employment.

[smahala1991]

It's not hate speech or discrimination

[Massageman]

True, it's not hate speech or discrimination. But businesses DO have wider latitude to allow or disallow talk of certain natures. Many companies will consider their wages, salaries, shift information, tip structures, etc to be confidential, corporate information, even though they know the employees will still chat about those things. If anyone pushes things "too far", the company can always fall back on their "letter of the law". In our town, there are rules about how far a gutter can drain from a property line, and it isn't very much. In fact, it's darn near impossible to build a house and keep every downspout, gutter, etc. in lawful compliance- our 55' lots are just too darn small to stay 15' from all the property lines and have a normal size house on the lot. Well, the law is there, but until someone complains about someone else's water running onto their property, this idiotic law is never enforced. Kind of the same thing- it's just kind of like Leverage for the company or for our town.

[Citizenkirk]

I wish I knew what too tell you, but I don't have enough info. about your situation too offer an informed opinion, but even if I could advise you in favor, or against transitioning too this new employment opportunity, I wouldn't feel comfortable dispensing contradictory advice too the outcome you have already decided was in your best interest, once you had come too a decision.
It sounded to me like terms have already been struck between your perspective new employer and yourself, so I had assumed that the decision had already been made.
If you are having reservations or second thoughts, perhaps writing down a list of pros and cons to accepting this new position, and then making up a chart listing those things that are in favor of you taking the job, and those that are against, will help give you a visual of your changing situation, too help put your current situation into a better understood perspective, and help you make a more informed decision that you can feel confident in accepting as the right one.

[PaynefulPleasures]

Hey like I said to you before go for it when one door opens, it might lead to better things,& with the pandemic this helps financially. Only you have to live with decision you make, good luck ✌️😎

[Gwenhwyfar]

Not sure. Could be sincere concern or could be they just don’t want you to quit and go work for the competition.

[NathanDavis]

Details here are unclear but, you should definitely not be talking about a different workplace, in your current workplace, and it's not about the Constitution, is "common sense."

[Jjpayne]

I'd be careful. What they are saying could be true. Just keep what they said in mind

[GoodGuyBreakingBad]

You are protected by the first amendment and the manager shouldn't be making them threats I believe when your ready to go to the new job then do it

[sheikalana]

Is not jealousy they're just trying to warn you based on other people's experience.

[msc545]

You aren't protected by the First Amendment at work. Stop talking about it, and just take the job.

[HawkPerception]

Leave that job lol...