Fema Employment

Why can private businesses and government jobs ignore your rights?

For example yahoo chat tells us we can not have free speech when chatting or asking questions. We must follow their guidelines. This and with many workplaces do not allow people to say what they want. That takes away our free speech right. Also I have noticed that many companies including government jobs are allowed to give randam drug tests. Isn't that a violation of our rights of an illegal search and seizure? If they have no probable cause how can they just give randam drug tests? I know private businesses make you sign a contact stating all of this before they hire you but WHY should they be allowed to put this in their contracts if this violates your rights in the first place. Why are they allowed to get around this?

Public Comments

1. It does not violate your rights if you agree to it silly. You don't have to sign. Its a loophole. Also private firms (Such as Y/A) dictate how things work on their site because the internet is not the USA. It's the internet and they own this site.
2. If you read the founding fathers supporting writings you will find they were talking about political speech. Not slander or obscene speech.
3. when you sign the piece of paper, you're giving up those rights while you're on the job. the speech thing is to keep a workplace working efficiently. you should be working, not talking. according to the employer. =)
4. Read the ammendments and stop making false assumptions, the government and other companies have permission to take actions that protect the greater good of America. Without guidelines there would be alot of profanity, racism, plus viruses, spam, and etc. The basic part is that these "rules" are not put in place taking away our freedom of speech and press, but rather protecting the majority of US citizens. Plus its freedom of speech so if you take it more seriously its just speaking not internet =). Well I hope my rambling answered your question or at least helped out a bit.
5. Employers have the right to choose not to employee drug users. As far as freedom of speech, as long as what your saying adheres to decency standards what you say should not be censored. This is an issue at my job because when I verbalize concerns or complaints, I'm told I'm being negative and lowering moral so I completely see you point on this one.
6. Your rights are determined by the Bill of Rights found in the U.S. Constitution. They are to protect you from the government, not private institutions. You have the right to say what you want to and about the government. That is what your "rights" are. When you use the facilities or services provided by a private business, your rights do not pertain. That is why they ask you BEFORE you sign up, if you agree to the guidelines and TOS. If you do not like how they restrict your speech here, then why did you click "yes" in order to sign up for an account? Businesses have the right to "freedom of association." If they do not receive government funding, they are allowed to control the content displayed on their website. Random drug tests are entirely different. No, it is not illegal searchand seizure. That refers to your car and your property. You must understand that in order to work for business A, you must be clean of drugs (and drugs are against the law so there's nothing wrong with that). You SUBMIT to the drug test, they don't force you to take it. If you don't take it, you might lose your job. However, you still have the choice to take it or not. Same as the TOS at Yahoo. It is your choice to agree to the guidelines, no one is making you to. OSHA defines workers rights within the workplace, the Bill of Rights does not. Private companies are permitted to have you sign a contract stating how they wish for you to dress and behave at work, again, this is within their right of "freedom of association." In short, you have a big misunderstanding of what the U.S. Constitution is. To think you are allowed to do and say whatever you want whenever no matter where you are and no one should have rules is a little rediculous. Your "rights" refer to the government, not anything else. I'd pay a little more attention in civics class to be honest with you. You need to have a clear understanding of what your rights actually are, instead of just guessing, or people will take advantage of you your entire life. Especially as a woman.
7. Because when you are a "guest" in someone else's "domain", THEIR rules apply. And if Yahoo chooses to operate their site in a certain manner, that's not for you to criticize. If I were a guest in your home, you would have certain "rules" you would expect me to abide by, wouldn't you? You wouldn't want me walking on your furniture or something, right? And the drug testing thing doesn't hold water, sorry. When you go to work high, you are jeopardizing OTHER PEOPLE (depending upon what you do, of course). and as far as employers insisting upon drug testing, see my metaphor above about not walking on your furniture when I'm a guest in your home.
8. 1. When you join Yahoo Chat you agree to abide by their rules. 2.You don't have an unlimited right to say anything you want. For instance you cannot make death threats against someone and call it "free speech" same goes for libel, character defamation and slander. 3, Police authorities are subject to the rules for search and seizure. Your employer cannot jail you for failing a drug test - just fire you. You are confusing the rules that apply to police authorities and private persons or companies. People are allowed to contract away their rights as long as the contracts aren't in themselves illegal - say a contract between a prostitute and her pimp - that is illegal. On the other hand, a contract between a receptionist and an employer may contain a confidentiality clause - that is legal.
9. "I know private businesses make you sign a contact stating all of this before they hire you but WHY should they be allowed to put this in their contracts if this violates your rights in the first place. Why are they allowed to get around this?" The most simple and true answer to this is, you also have the right not to sign it. No one is forcing you to sign this contract. You are signing it of your own free will. As for your free speech question, you have the right to free speech. However, no one is obligated or required to provide you the platform to express the free speech. Just like the the job contract above, you had to signify that you agreed to their terms before using it. No one forced you to come to Yahoo and use "their" system. So there it is. Its still freedom, your choice to use the system or work for that company.
10. The simple answer is none of the things you describe in any way infringe on your individual rights. You are free type what you want on the internet. It doesn't mean yahoo has to let you blog or chat about it on their site though. Yahoo owns it and they can run things on their site however they see fit. You are free to post whatever you want on any site that you own and operate. You are free to say what you want when you are not at work, but when you get to work your employer can insist on a level of professional conduct. If you don't like that you are free to seek employment elsewhere. Drugs tests are of a similar nature. An empolyer has the right to maintain a drug free work enviornment and ensure all their employes are not under the effects of drugs while at work. You not doing drugs is a condition of employment, just like being required to wear a uniform might be a condition of employment for a cop. If it eases your mind any, know this: Nothing a mandatory job related drug screening turns up could ever be used against you in a criminal proceeding. Let me make on last quick comparison for you. You don't have to wash your hands after you use the bathroom. That is an individual choice. However if you work at a resturant you no longer have that choice while at work. Is there anyone in their right mind that would find that unreasonable? Probably not, and from there it is not a far leap to see why mandatory drug screenings are perfectly reasonable for a company to use on its workers.
11. Like your picture your question is a knock out. Freedom will never be free a some point and time it will cost everyone something. wether it be time, mortality or virtue.
12. You have the right not to waive your rights and sign the agreement/contract. Of course they have the right not to hire you or allow you to use their services if you don't sign. The Constitution is there to protect you from an over reaching Government not a private company or individual. For example, if you come into my house and start saying things I don't agree with I can ask you to leave. If you refuse to leave I can have you arrested for trespassing. You can still have your opinion and are free to state it some place else but not in my home.
13. Free Speech does not mean you can say anything you want too. Random drug tests are not a voilation of the 4th amendment because they are random & the level of sobriety required for the particular job makes it necessary. Would you want a bunch of crack heads on your police force? The law that covers this is the Drug Free Workplace Act. Bottom line they are not getting around anything. Rights come with responsibilities which by their nature impose limits. For example, you have the right to cross the street, but you have the responsibility to look out for traffic. That's why you can't just walk out into the road without looking and claim it was the driver's fault you got hit. Contracts are agreements entered into between two entities. You don't like the terms, don't take the job. Also the bill of rights are about limits to the government's power to restrict rights. They have little to do with individuals or companies. Other laws deal with those issues. there is some controversy about private companies doing drug testing. That is probably why they have you sign agreements first.
14. Nobody forces you to work there. You have no rights to work there. If you decide that you do not wish to comply with their rules, they can fire you. It all boils down to this, you have the right to either comply with their rules or work somewhere else. A job is not something given to you as a right, working there is a privilege (I use the term loosely, Lol), so, no rights are violated.