The beginning of Blog Rights?

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There probably are lots of workers who would love to create Web sites dedicated to getting their bosses fired.

But the very real likelihood of losing their jobs provides a big incentive for employees not to post their negative thoughts about The Man (or The Woman) in cyberspace.

Generally, employers have the legal right to prevent workers from using personal Web sites, or blogs, to malign supervisors and co-workers, or damage an employer's business reputation.

But a recent state Court of Appeals decision, which reinstated a Detroit police officer who was fired for keeping a personal blog his boss didn't like, should give employers pause. Officer John Bennett didn't much care for Jerry Oliver, the city's police chief at the time, so he created the site, firejerryo.com, in 2002.

Bennett first was suspended and then fired in 2003 because Oliver claimed the site contained negative racial overtones, damaged the reputation of the Detroit Police Department and compromised public safety.

In a Dec. 4 ruling, the state Court of Appeals disagreed and ordered Bennett reinstated with back pay.

The court rejected the city's claims the site damaged the police department or harmed public safety.

It did note the site "included some comic relief and 'edgy' criticism of department officials."

The ruling isn't directly applicable to private-sector employers because it dealt mainly with alleged violations of the state public employment relations act. But here's the part that could make business employers sweat: The appellate court said Bennett's blog constituted "concerted activity" protected by state law.

In other words, Bennett wasn't on a one-man mission to get Oliver fired. The court said his blog was protected because it provided a forum for other officers to express their concerns about working conditions in the department and induced group activity "for the mutual aid and protection of fellow police officers ..."