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Can my company limit my speech?
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GU



Joined: 17 Jan 2014
Posts: 5

PostPosted: Sat Feb 22, 2014 8:05 am    Post subject: Can my company limit my speech? Reply with quote

I currently work at an English school, but will be leaving. I will start my own English teaching business. My company said I can't tell my current students what job I will be doing next. Many of them are asking me and a lot want to keep I touch. It's really painful that I am not allowed to tell anyone. Many people ask me an I just stand there silently or give a really off topic reply. They seem confused.

I wish they could know that I will still be teaching so they can decide if they want to continue at the current school with a new teacher or continue studying with me. I don't want to ask anyone to quit the current school, but I just want then to know what I will be doing next.

Is it legal for the company to say I can't tell my students what I'll be doing in the future? Another teacher I know told me they can't do thy and I'm free to say what I want. Is that true?

Another teacher I am protected by the constitution so I can tell them, but my company said I can't.

I am really having a hard time keeping this secret, so any advice would be helpful. Thank you.[/list]
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GU



Joined: 17 Jan 2014
Posts: 5

PostPosted: Sat Feb 22, 2014 9:15 am    Post subject: Spelling mistakes Reply with quote

I am very sorry about my mistakes in the previous post. I typed it on a cell phone with a small keyboard and posted it too hastily.
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Shonai Ben



Joined: 15 Feb 2003
Posts: 617

PostPosted: Sat Feb 22, 2014 9:22 am    Post subject: Reply with quote

...I wouldn't worry about mistakes........this is just a bulletin board......in regard to your problem.........if it were me.........I would tell my students my future plans when asked.........the school cannot control free speech as far as I am concerned........and besides........you're leaving anyway.
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kah5217



Joined: 29 Sep 2012
Posts: 270
Location: Ibaraki

PostPosted: Sat Feb 22, 2014 9:45 am    Post subject: Reply with quote

Many companies pull that "don't tell anyone" crap. To be honest, there's nothing they can do to you if you tell people; even if it's written in your contract, it's likely cost prohibitive to sue a teacher over it and definitely PR prohibitive.
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GU



Joined: 17 Jan 2014
Posts: 5

PostPosted: Sat Feb 22, 2014 9:53 am    Post subject: Reply with quote

I figure as long as I don't ask students to leave the school, say anything bad about the school, or give any information about my new business (such as lesson prices, for example) it should be fine to just say that I am going to have my own business, isn't it?

Everyone is asking me about my future plans and it really feels so strange to give vague answers to my students who I have been teaching for several years. I feel they have the right to get a straight answer from their teacher regarding why they aren't going to continue to teach them.
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Pitarou



Joined: 16 Nov 2009
Posts: 1116
Location: Narita, Japan

PostPosted: Sat Feb 22, 2014 10:39 am    Post subject: Reply with quote

Your constitutionally guaranteed right to freedom of expression has absolutely nothing to do with how you conduct yourself in a customer-facing role in the workplace. Frankly, the fact that you think one affects the other makes you look like a clueless beginner. And if you'd actually thought this through, you wouldn't have disclosed your plans to your employer either: you'd have had a cover story ready.

But what's done is done. They are just looking after their interests. You should look after yours. Serve your time, be tactful and discreet, and try to leave on amicable terms.

They'll probably ask you to promise to avoid all contact with their customers after you leave. How you handle that is up to you, but if they perceive you as blatantly stealing a large number of customers they might decide to act.

By the way, freedom of speech is never absolute. In fact, if memory serves, there is still a law on the statute books that makes it a crime to address somebody with "offensive language". Oh, and more recently, commercial espionage was criminalised. Wink
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rslrunner



Joined: 12 Feb 2010
Posts: 252

PostPosted: Sat Feb 22, 2014 1:34 pm    Post subject: Reply with quote

Pitarou wrote:
Your constitutionally guaranteed right to freedom of expression has absolutely nothing to do with how you conduct yourself in a customer-facing role in the workplace. Frankly, the fact that you think one affects the other makes you look like a clueless beginner. And if you'd actually thought this through, you wouldn't have disclosed your plans to your employer either: you'd have had a cover story ready.

But what's done is done. They are just looking after their interests. You should look after yours. Serve your time, be tactful and discreet, and try to leave on amicable terms.

They'll probably ask you to promise to avoid all contact with their customers after you leave. How you handle that is up to you, but if they perceive you as blatantly stealing a large number of customers they might decide to act.

By the way, freedom of speech is never absolute. In fact, if memory serves, there is still a law on the statute books that makes it a crime to address somebody with "offensive language". Oh, and more recently, commercial espionage was criminalised. Wink


Pitarou once warned me that Japanese jurisdiction can extend outside of Japan, especially in civil cases. He was almost completely wrong about this. But if you remain in Japan, the company could be in a position to act against you.

Pitarou sometimes talk down to people when opining about different topics, so his condescending online personality sometimes gets in the way of his usually good advice. In this case, the company may act against you if you take a sufficient number of students with you. You are in Japan, it's a very different story there in terms of the law, so be careful.

If you intend to contact your students, I suggest that you get the e-mails of your students, and then tell them about your new school well after you already have left.
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GU



Joined: 17 Jan 2014
Posts: 5

PostPosted: Sat Feb 22, 2014 1:50 pm    Post subject: Reply with quote

Thank you everyone for your input. Please understand I don't plan to or want to steal students. I just want them to know why their teacher for several years is leaving and going to be doing next. If some of them decide to leave and continue to study with me that's fine and my company already confirmed that is fine. However, because I've been employed there for a long time and have a good reputation with them, I know that it would really help my future business if they recommended my lessons and school to their friends, family, and co-workers.

However, my former students would have no reason to recommend me if they didn't know I was still teaching English or where.

If I can tell them my future plans, they could recommend me to people and that would help a lot. By not telling them I feel like I am missing out on that opportunity.

I understand Pitarou's comment. But I told my employer my plans because I don't want to hide anything from them or go behind their back. I don't want to do anything wrong. They said if a student leaves, if I meet them after I finish working at this company, or if they contact me, then it is fine to teach them. I just can't advertise my lessons at the school. That's fine and I don't want to do that.

My question is just this can I tell them "I will be starting my own teaching business" and just leave it at that?
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Pitarou



Joined: 16 Nov 2009
Posts: 1116
Location: Narita, Japan

PostPosted: Sat Feb 22, 2014 3:46 pm    Post subject: Reply with quote

rslrunner wrote:
Pitarou once warned me that Japanese jurisdiction can extend outside of Japan, especially in civil cases.

Good grief. That was six months ago!

Of course Japanese jurisdiciton doesn't literally extend to the US. If you actually want to learn something rather than just nitpick, go read Federal Judicial Center International Litigation Guide: Recognition and Enforcement of Foreign Judgments.
GU wrote:
... I told my employer my plans because I don't want to hide anything from them or go behind their back. I don't want to do anything wrong.

... and you thought that if you were just open and tried to be nice, everybody would be happy. But it didn't work out that way. You live and learn.

Yes, as rslrunner says, I've been harsh in my language. There's a reason for that. You're entering a much harsher world. This little episode suggests you have little grasp of the business consequences of disclosing / concealing information. If you're going to be your own boss, you can't afford to be so naive.

By the way, I'm not saying that you shouldn't be transparent. Transparency is a valid, and very honorable, business strategy. But it has consequences, and you have to be ready for them.

Quote:
My question is just this can I tell them "I will be starting my own teaching business" and just leave it at that?


Assuming your employer's told you not to, you have three choices:

1. Remain transparent and obey.

2. Remain transparent and openly disobey.

3. Turn opaque and secretly disobey.

It's your call.


Last edited by Pitarou on Sat Feb 22, 2014 4:38 pm; edited 1 time in total
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2buckets



Joined: 14 Dec 2010
Posts: 515
Location: Middle East

PostPosted: Sat Feb 22, 2014 4:04 pm    Post subject: Reply with quote

Just smile and nod your head, and then do what you want.

The "Asian" way.
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Pitarou



Joined: 16 Nov 2009
Posts: 1116
Location: Narita, Japan

PostPosted: Sat Feb 22, 2014 4:36 pm    Post subject: Reply with quote

2buckets wrote:
Just smile and nod your head, and then do what you want.

The "Asian" way.

nod nod Very Happy
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HLJHLJ



Joined: 06 Oct 2009
Posts: 1218
Location: Ecuador

PostPosted: Sat Feb 22, 2014 4:59 pm    Post subject: Reply with quote

Just be honest. Tell your students you are leaving because you have a new job, but that the school would prefer you not to talk about it while you are still working there. They will understand that. Give out your (personal NOT new company) business card to any of your students who express and interest and encourage them to keep in contact.

You are setting up in competition. Touting for business while you are still there (even indirectly through recommendations from your current students) would be inappropriate in any job anywhere.
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Cool Teacher



Joined: 18 May 2009
Posts: 930
Location: Here, There and Everywhere! :D

PostPosted: Sun Feb 23, 2014 1:45 am    Post subject: Reply with quote

2buckets wrote:
Just smile and nod your head, and then do what you want.

The "Asian" way.


Hee hee! Very Happy

I think you can tell your studernts becuase many will ask and want to know anyway so I think it is okay, but remember it is probabbly not a good idea to hand out tickets to the grand opening of Bob's Englsih Emporium. Very Happy

I think it will be obvious if it looks liek you are deliberatly poaching students. Cool
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GU



Joined: 17 Jan 2014
Posts: 5

PostPosted: Sun Feb 23, 2014 2:49 am    Post subject: Reply with quote

Thank you all for your comments.

Pitarou's comments helped me understand my situation more clearly too. Sometimes the best advice is the harshest on the ears. I'll keep what you've said in mind.

HLJHLJ's comment, especially the second paragraph, helped me a lot too. I understand this point of view. I was being selfish and narrow minded. Thank you.

To be safe and not have any chance of trouble with my employer, I'll just keep quiet. I will miss my students dearly, but I will be able to find new ones. Even if a student asks me directly what I'll be doing I'll try to be as vague as possible. I've also decided not to give out my contact information to anyone, neither personal or business (and thankfully I haven't yet). However, a couple students gave me their contact information and told me to keep in touch or to go out for a drink or lunch. Of course, I accepted.

I mean, if a student hands me their phone number and says "please give a call sometime and let's hang out." Do I have to refuse that too?

The only information they have about me or how to contact me is my name.

So I've made my choice not to give out my contact information or any information regarding my new business or lessons.
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Inflames



Joined: 02 Apr 2006
Posts: 486

PostPosted: Sun Feb 23, 2014 9:42 am    Post subject: Reply with quote

I think not giving out your contact information is best, but taking it from students is a good choice.

I would simply say something like "I'm moving on" and then explain what that means.

I had some friends who were going to start their own school and told their current students. One of the students then asked the staff, and the teachers all quit within a week (one actually quit before everything happened, then the others were basically told to quit immediately or be fired).
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