[rochester46]

Feel free to point out anywhere the constitution says so. The constitution and/or bill of rights have nothing to do with this situation, as no constitutional rights were broken whatsoever.

>or these statements were in violation of some otherwise unknown confidential settlement agreement

I really have no idea what you're talking about here. What confidential settlement agreement?

>who is to say the employee statements were disparaging? Amazon?

Yes.

>No whether a statement is disparaging or otherwise violates the terms of an agreement is an issue of fact for a fact finder (i.e. jury or more rarely a judge) to determine.

No it's not. This isn't a court of law. It has nothing to do with whether the "agreement" was violated or not, and there is no need for anyone to do any "fact finding". This is an employment arrangement which can unilaterally be ended at any time by either party, and Amazon has chosen to do so.

[throwaway_USD]

You don't seem to understand 1st Amendment Law and protections; contract law; nor employment law.

>This is an employment arrangement which can unilaterally be ended at any time by either party, and Amazon has chosen to do so.

Yes, at will employment gives the parties the right to terminate the employment...but, Amazon can not terminate an employee for any reason. For example Amazon can't fire a employee for their race, or religion, or sexual preference. You may want to Google "workplace retaliation cases", because Amazon can not retaliate by firing an employee for reporting workplace safety concerns.

[rochester46]

edit: in the interest of being less combative I've reworded this entire comment.

The First Amendment does not apply to this situation. The First Amendment applies to restrictions to speech from the government, but provides no rights or privileges when it comes to repercussions from private entities.

>For example Amazon can't fire a employee for their race, or religion, or sexual preference. >because Amazon can not retaliate by firing an employee for reporting workplace safety concerns.

Correct, but this isn't why they were fired.

There may be some gray area where the workers could claim protection under the NLRA if they but that really depends on additional details not provided in any of the reporting so far (such as which company policies they broke), and that has nothing to do with any constitutional rights.

[throwaway_USD]

>The First Amendment applies to restrictions to speech from the government, but provides no rights or privileges when it comes to repercussions from private entities.

This is generally true but there are exceptions, which funny enough you acknowledge one of them in your comment.

The National Labor Relations Act (NLRA) gives private-sector employees the right to discuss their working conditions, which is considered “protected concerted activity.” They can share information about pay, benefits, safety and other work-related issues — and they can do it in the break room, at happy hour or on social media (such as Facebook and Twitter).

Real-world example of workplace freedom of speech:

Situation: A group of employees who worked for a retail store in San Francisco were concerned about their safety due to their store’s closing an hour later than other nearby stores. After unsuccessful discussions with the manager and later, the owner, the employees posted their frustrations on Facebook. An employee who saw the posts showed them to the owner, and subsequently, the other three employees were fired.

Ruling: The National Labor Relations Board reviewed the Facebook posts and determined they were acceptable. The employees were discussing the store’s legitimate safety concerns, so the posts were considered protected under the NLRA. It was determined that the employer committed an unfair labor practice by firing the employees.

What is otherwise not protected speech becomes protected speech.

>Correct, but this isn't why they were fired.

Amazon published a press release on the matter acknowledging they fired the employees for their posts about safety in the work place...it doesn't matter Amazon claims the post violated company policy, these employees have legal right to discuss their working conditions, which is considered “protected concerted activity.”

As you may or may not know the NLRA protections come from the Constitutional Right to association, which is an essential part of freedom of speech. While the United States Constitution's First Amendment identifies the rights to assemble and to petition the government, the text of the First Amendment does not make specific mention of a right to association. Nevertheless, the United States Supreme Court held in NAACP v. Alabama (1958) that freedom of association is an essential part of freedom of speech because, in many cases, people can engage in effective speech only when they join with others.