If an employer emails their employee telling them that if they write a negative review of the company, that they (the employee) better watch their back, is that illegal? If so, what can the police do about it?
*There is no HR department at the job.
Employers can't fire or take disciplinary action against a worker who complains about activities at their workplace. Some employers don't want employees to compare your salary or benefits, but they can't prohibit it. This is a called free Speech.
In addition, employees are given wide latitude to talk about their employers publicly, including on social media. That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing- which is illegal.
Remember, the truth is the ultimate defense. if what you have to say about your employer is true, say it.
1. Read your employee contract. Some of them stipulate that you can not do this period or there is a time frame, i.e., you must not have been employed in the last five years before you can speak about what you or someone else did at said job whether negative or positive.
2. If you're pissed, and write a review embellishing the truth, the company could very well take you to court for slander.
3. Don't think because you went anonymous, you can't be revealed. Several companies have gone after employees in court and had their identities revealed.
4. Unless you have signed a legal agreement not to speak ill of the company, you can write a negative review, but be prepared. If you wrote a 100% truthful review, and say the company threatens your job or you, you can very well speak to an attorney about your rights, but at this point, if you think your own company sucks, the relationship is certainly not going to improve with you or them suing each other.
First off WHY would the employee tell the employer this. Do they want to be fired & end up with a work reference that says they're garbage as an employee?
It screams of low intelligence and inability to think by the employee.
As for the "threat" - that's not a threat nor is it illegal. It's reality. Most companies would've told the employee to get their things and get lost then and there. And DO let the door hit you on the way out.
As for what's illegal. The negative review is closer to illegal than the company's behavior. Google even says it PROHIBITS - which means DOES NOT ALLOW - reviews by employees, former employees, etc. of a company.
If that review costs the company business they may even have an avenue to sue the employee for that damage. What when the employee OBVIOUSLY wrote it with intentions of causing damage.
It woudl be illegal if the employee revealed information that the general public would not know. Otherwise, it's probably not illegal (libel laws might apply, depending on what is said) and falls under the right of freedom of expression.
Having said that, the employer could still terminate the employee after the employee has been warned, and it woudl be difficult (plus expensive) for the employee to win a court case for unjustified termination.
Suggestion: Whether it's legal or illegal, if your employer specifically warns you not to do something, it's generally a good idea to obey that warning.
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It is not illegal for them to fire you if they do. You are “at will” employment. You can quit or they can fire you for just about anything just as long it isn’t proven discrimination case and/or you are a whistleblower if they are breaking the law
If you don’t like the job then why not quit? Or if you have an issue with something take it up with the management? Unless the company is doing some illegal then you really are in no position to bash on them and still expect to have a job.
The sense of entitlement some younger people have is really astounding with this crap. Just go work for Disney and tell them your a proud lesbian and I’m sure you will do fine there.
Nope, not at all.
Completely legal although "Watch [your] back" is ambiguous and inappropriate.
The employer in that email should have simply said something like this:
"Any employee who is discovered to have described the company negatively in any public fashion will be immediately terminated."
They can fire you for it.
Saying "watch your back" usually implies a physical threat. If you went to the cops, your boss could easily get out of it by saying "watch your back"actually meant they'd fire you. That's no enough evidence to prove they made an illegal threat
It's certainly not illegal here in the UK.
The employer is just reminding you Not to bring the Company into Disrepute.
However, the part about "better watch their back" could indeed be questionable and be construed as being some form of threat.
We have a spelled out social media policy, just having that is enough ground to say if you are breaking such they can enforce action.
Although if it's post-employment there is nothing to enforce, unless there is a contract or NDA signed that could have clauses around departure and negative statements, which could deny pending payouts or parachute clauses. Saying watch your back sounds like manager commentary, albeit inappropriate.
I don't think it's illegal it's called defamation. I work for a really big company and had some co-workers being terminated for posting too much information or for leaking information about their job or about the company itself on social media.
Yeah that's a threat so of course it's illegal. You can file a police report and sue them, particularly if you have it in writing.
Furthermore if you don't work there anymore you're free to leave a negative review as long as what you say is truthful and doesn't break any contract you signed or reveal trade secrets.
You might even be able to find a lawyer who'll handle your case for free upfront and take a portion of the settlement.
depends. it's definitely legal for them to fire you if you actively harm their business by leaving bad reviews. no employer can be forced to employ people who actively harm their busines. so "watch your back" could mean "we'll fire you". if you interpret the "watch your back" threat ( given he litterally said that) as a threat of physical violence, then that of course would be illegal.
u It’s not illegal for you to post something negative about a company online. But it is also not illegal for the company to let you go for doing it.
Ever hear the saying “don’t bite the hand that feeds you”?
No. Most companies have a code of conduct section in your contract. Quite often this will include something on posting on social media anything damaging to the com
If it isn’t illegal. Conduct unbecoming covers a wide area.
Besides, if they want to get rid of you. They can pretty much dream up just about any reason to do so. Without a union or attorney. It would be cost prohibitive to fight in court unless it was a violation of your civil rights.
It’s illegal and might constitute a terroristic threat depending on your state law. Of course the company will just say they meant they would fire you, which you might be able to sue over but the police can’t do anything about.
Yes, a company can terminate your employment if you bad mouth them.
It is called "freedom of speech". You are free to say anything you want about your company. But you are not free to have a job.
Not illegal, however the watch your back is a bit of a threat.
i would just say you say something negative, find a new job, it’s not a threat, they will not have a job.
I’ve seen coworkers get fired for even talking negatively about the company when they were bar hopping. Word gets out.. it’s a small world. Trust no one.
I’m pretty sure anything that involves “threatening someone” is illegal. You don’t just tell people to watch their back… yk
I think usually it's described as "not bringing the company into disrepute".
That would also cover being caught committing crimes and so on. It's not that unreasonable.
It's only natural.
If I were the employee, I'd use somebody else's mobile to do it. Or better, spread rumours among relatives about my bad company.
Call an attorney specializing in employee rights, labor law, wrongful termination. Hopefully you didn't sign an employment contract that says you would not give them negative publicity or some kind of non-disclosure agreement.
Yeap.
Print it, print the review and keep copies of all evidence to support the review. If the employer retaliates, press charges
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