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Wednesday, October 08, 2008

Let's Talk Freedom of Speech - AVAYA

AmericanFlag.jpg by you.

Well, it seems as though my post about Avaya and their LACK of Integrity has received a bit of attention.  Unfortunately, it isn't all "positive" attention.  Therefore, I give you 3 guesses who is creating more hot air about my post, and the first 2 guesses don't count.

AvayaFont.jpg by you. 

Now that we have that question asked and answered, let's talk about Freedom of Speech.  You know, that First Amendment Right in the United States Constitution that our forefathers created to protect the rights of Americans?  I'm an American.  I'm a proud American.  I am also a wife and mother and I'll spit bullets at anyone who tries to harm any member of my family.  I am also fully capable of thinking for myself and speaking for myself, so if AVAYA has something to complain about with regards to my blog or post and the FACTS within it, then please, AVAYA, talk to me. 

Bob knew nothing about my post until after it was posted.  He knew nothing about my letter to Jim Hirt and Greg Billings until after I had clicked "Send."  So, then, I suppose, AVAYA, that begs the question from you and your attorneys - "Then how did she get their email addresses?"  This isn't rocket science, guys - all I had to do was go to Bob's computer and dig thru his emails and address book.  There is no law that prevents a wife from snooping.  Never has been, and probably never will be.  As a matter of fact, more wives should snoop.  So snoop away readers.  Have at it.  I do it with Pride.

And how did I get the information about all that I had written in the post?  My husband - that Big Bear you laid off - he talks to me.  His Snoop Wife.  You know, ME.  He talks and he shares.  Oh, and I take notes.  Lots of notes - because I like to write and type and ask questions.  Why?  Because he loves me and we love each other and we have a family to protect and care for and children to raise - and teach about unethical corporate practices in their homeschooling studies.


SupremecourtRenovACLU.jpg by you.

So, while we are on the subject of Freedom of Speech, let us not forget the rare and important Supreme Court decision about our First Amendment Rights on the Internet:

Reno v. ACLU, 1997, in which, and I quote from Wikipedia:

"all 9 Justices of the Court voted to strike down anti-obscenity provisions of the Communications Decency Act (the "CDA"), finding they violated the freedom of speech provisions of the First Amendment. Two Justices concurred in part and dissented in part to the decision. This was the first major Supreme Court ruling regarding the regulation of materials distributed via Internet.

The CDA was an attempt to protect minors from explicit material on the Internet by criminalizing the "knowing" transmission of "obscene or indecent" messages to any recipient under 18; and also the knowing sending to a person under 18 of anything "that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs."

AvayaFont.jpg by you.

And, AVAYA, the last I checked, there were no materials or speech that were explicit or threatening to any children under the age of 18 in my blog - except maybe my own children - who, yes, have been threatened by the AVAYA layoff.  They have been threatened by an act of Corporate greed on your part.  I think it is a joke that you called our home and told Bob that certain individuals within AVAYA feel threatened by my blog.  Threatened?  Your kidding, right? You threatened our family when you "first" made Bob pay for your mistakes, then fessed up and paid him a measly sum of money to appease him and what? Shut me up?  The one who is threatened here is our family, my husband, my children, my home.  Grow up and get your heads out of that dark space just south of your belly button.

And if you read Reno v. ACLU, you'll notice that it does not apply here.  Oh, and slander?  I did not know that speaking the truth was slander.  I might have to check that, though, to make sure I didn't say anything indecent.  I sure was thinking it though.  And I'm thinking some things right now that I won't talk about here because that would be indecent, and emotional, and not very lady-like.


SupremecourtRenovACLU.jpg by you.

By the way, the Reno v. ACLU decision struck down portions of the 1996 - and I quote from Wikipedia: (don't you just love Wikipedia?):

Communications Decency Act, a law intended to outlaw so-called "indecent" online communication (that is, nonobscene material protected by the First Amendment.) The court's decision identified the Internet as a "free speech zone," and extended the same Constitutional protections given to books, magazines, films, and spoken expression to materials published on the Internet..."

As I said before, I was not indecent, although I would have to admit that you, AVAYA, are very indecent.  You are chronically indecent. You really ought to do something about that, because it ruins people, it destroys families, people lose their lives and their homes because of indecent people like the ones I have mentioned here - AVAYA.


Americas Promise by you.

As for Freedom of Expression, I would have to say that I express myself quite well.  I like to express myself.  I'm right-brained.  I express myself in my paintings, in my home in how I fold my laundry, how I cook, how I play the piano, how I teach my children, and with every conversation and hug I plant on them. 

I express myself in my writing, my emails, and my blog too, because I love to write and I love to express myself.  So, express myself I will do - every single day.  I have never now, or ever, intended to express myself with the purpose of hurting anyone else - waking them up, maybe - but not hurting anyone.  I don't like to hurt people.  I do, however, believe in the old adage "What goes around comes around" and if you sling mud at me or my family, that "Same" mud is going to come right back and hit you square between the eyes.  Maybe not thru me or my blog, or maybe so, but it will get ya.  (I'm starting to sound like Sarah Palin.  God forbid).  Politicians take note:  When you sling mud at your opponent, he can sling right back.  And so goes the merry-go-round we call Corporate America.  Round and Round and Round it goes and Where It Stops Nobody Knows.

Oh, and I didn't yell "Fire" in a crowded movie theater or in the men's bathroom at AVAYA either.  So, no imminent lawless action there either.


BobSmiling.jpg by you.

I think you'd be hard-pressed to get me for an act of "Commercial Speech" since I am not profiting from anything I have said and I don't work on Wall Street.  Now, if you want to argue that I wrote the blog with the intention of receiving a profit I'd have to argue this: -  that I just want you - AVAYA - to be "fair" and "Just" and "Prudent" in how you kick dedicated employees to the curb and then ask them to pay up for your slip-ups in bookkeeping or whatever it was that you screwed up on in the beginning of 2008.  Then you, AVAYA, asked my husband (and our family) to fork over for your mistake to the tune of approximately 5800 dollars.  YOU laid off Bob and then told him that he had to pay YOU!  Yep, that's what AVAYA did.  That's really indecent if you ask me.

Bob did his prudent research and begged to differ with the folks at AVAYA - which resulted in his lay off shortly thereafter.  Are you putting the puzzle together yet folks? Oh, but now, AVAYA has been part nice and had a moment of enlightenment since my story brought some facts, as I know them to be, to light, and as I have been told by my Dear Husband.  This man, whom I love, has been a dedicated, upstanding employee to AVAYA's "non-deserving" Corporation, and we have now received a small deposit in our checking account based on the commission that my husband earned in the first place!!!!!


AvayaFont.jpg by you.

But now there is the issue of severance, and as I mentioned in my last post regarding this issue, AVAYA wants to shove Bob out the door with only 2 weeks severance.  Normally, or should I say "historically," a company will pay an employee 1 month for every year they have been with the company - not 1 week.  But, that has been our experience with other layoffs.  And none of the other layoffs were as lowly as this one.  So, when we received a phone call today from an AVAYA attorney who apparently claimed, in no uncertain terms, that the law of AVAYA is the law of AVAYA and that 2 weeks is 2 weeks and that will never change, Bob asked something to the effect: "Then why did another employee, affected by this same layoff, receive 6 weeks severance?"  The attorney replied (again I am only para-phrasing here since my husband relayed the information to me) "Can you name names?"  To which Bob replied, saying something like, "Sure, Fred R..... received 6 weeks severance." (This was only after Fred received an original 2 weeks severance and fought with AVAYA - or, I should say, that that is my understanding).

Now that we have that out in the open, I would like to say that AVAYA is not only not consistent, they are not fair.  I don't know how long Fred R. has been with AVAYA, but I would be willing to bet he deserved a little more than 6 weeks severance and he shouldn't have had to fight for it either.  As for Bob, he would have been with AVAYA for 2 years this month had he not been laid off just 2 weeks or so prior to that 2-year mark.

 AmericanFlag.jpg by you.

So here we sit.  No income.  No job.  No way to support our family.  No back-up either (Retirement is gone, no thanks to the current economic conditions), No severance package at the moment that justifies the time and dedication spent employed by the Corporate greed busters at AVAYA.  No health insurance.  No life insurance.  No NOTHING!  No Thanks to You at the moment - AVAYA. 

I am upset, and I have every legal and personal right to be upset.  I also have a right to write this blog.  And a note to Jim Hirt and Greg Billings, and all the other self-serving AVAYA Corporate Executives: This is MY personal blog, this is MY life, this is MY family, this is MY home, and I have a First Amendment right to speak my mind - within reason - and with legitimate facts in hand - to protect my family, my children, my home, and my husband, from greedy, pathetic, Corporate Rats like you - AVAYA.


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