Constitutional Rights - Law 414

Constitutional Rights

In the United States people are vulnerable to their constitutional rights being violated by the companies they work for then the early settlers in America were to their rights being compromised by the government.(ACLU) Due to the fact that the Constitution does not put a limit on an employers authority, employers can violate the civil liberties of employees. (ACLU) The Riordan Company is a manufacturing company that employees 500 individual in the U.S. and China. The employee’s rights to free speech and privacy could be impacted on a daily basis.

Free speech is a constitutional right that Americans enjoy and utilize on a daily basis. While the employee handbook of the Riordan Company does not discuss free speech an employee could potentially be affected if he or she chose to exercise this right, especially if their employment is at will. If an employee chose to speak up about a defect in a product that the Riordan Company manufactures they could be terminated. Over 200,000 employees are unjustly fired each year. (ACLU) “The power to fire at will permits employers to suppress their employee’s rights to free speech. “ (ACLU)

The Constitution does not specifically protect the right to privacy however it is something that we as Americans expect. A potential employee with the Riordan company could be denied a job if they chose to not answer a question regarding their personal life on a “psychological test “. An Employee could be fired for smoking in their own home. There are at least 5000 companies that Regulate employee smoking while not at work and other private behaviors. (ACLU)

The Riordan Company does mention employee medical exams in the employee handbook. An individual may be chosen for a medical exam to show they will be able to perform the duties assigned. The offer of employment is contingent on their passing the exam. This intrudes on a person’s right to medical privacy. An employee should not have to submit Medical information to an employer. Depending on what type of person is chosen to take a medical exam it could get into discrimination as well.

Riordan company does say in its employee handbook that it is strongly opposed to unions. When an Employee belongs to a union they can only be fired for just cause and only after a hearing before

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