Reply #110: Really?

[markses]

What about speaking with competitors about proprietary information? Is contractual restriction of such speech unconscionable as a violation of free speech? What about publically bad-mouthing the company to the news media? Free speech?

Employment agreements tend to restrict our speech about the organization in certain contexts. Do most people complain about their jobs? Sure. Do most people divulge secrets about their jobs in more or less public settings (bars, restaurants, amusement parks, porn booths)? Yup. But one is usually at risk when one does so. That's why we look around before we do it. This is not a free speech question. You have no right to this particular job, though you do have some rights in relation to your arrangements with this particular employer.

As for the third party being much different than the manager overhearing: in process, yes, but in substance, no. The question remains one of a relation between the employer (and proxies) and the employee. Has the employee allowed certain information be to be exposed to the employer? Yes, in both cases. Does the employer have the full conversation material to the organization? Yes, in both cases.