I was fired because of facebook

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Latest post 03-29-2012 4:36 PM by Paddywakk. 17 replies.
  • 03-22-2012 1:57 PM

    I was fired because of facebook

    I was let go of my job becasue I called my boss greedy on facebook.  No names were used...  A person whom I thought was my friend read it and went and told someone who works there   who THEN whet and told my boss... he in turn fired me... IS this Wrongful termination....

  • 03-22-2012 2:02 PM In reply to

    Re: I was fired because of facebook

    suzy tracy:

    I was let go of my job becasue I called my boss greedy on facebook.  No names were used...  A person whom I thought was my friend read it and went and told someone who works there   who THEN whet and told my boss... he in turn fired me... IS this Wrongful termination....

    No.

    As a matter of fact, it's RIGHTFUL termination.

    Your boss had good reason to fire you for badmouthing him.

    You're not alone. People all over the place have been getting fired for mouthing off on facebook.

    File for unemployment. You might get it. Or you might not.

    Seems like people are getting denied unemployment benefits because the unemployment agencies consider mouthing off about the boss on facebook as misconduct.

    http://www.bing.com/search?q=unemployment+misconduct+facebook&qs=n&form=QBLH&pq=unemployment+misconduct+facebook&sc=0-26&sp=-1&sk=

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-22-2012 2:07 PM In reply to

    Re: I was fired because of facebook

    I posted no names  and I was set on Private...  ... I think its wrong...

  • 03-22-2012 2:14 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
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    Re: I was fired because of facebook

    suzy tracy:
    I think its wrong...

    What you think is irrelevant.  My wife regularly checks social media sites BEFORE she hires new employees.  You would be surprised the things she finds out about potential employees.  My wife makes it a point of informing the people that she DOES NOT hire exactly why she didn't hire them.  In many cases this is a kindness as they have absolutely no clue.  Suck it up.  You have learned a valuble life lesson.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 03-22-2012 2:35 PM In reply to

    Re: I was fired because of facebook

    I posted no names  and I was set on Private...  ... I think its wrong...

    Apparently it wasn't that difficult for people viewing your facebook page to figure out who you were talking about.  Looks like you experienced the truth in the old saying about not biting the hands that feeds you.  There was nothing illegal about terminating you for bashing your boss on the internet.

  • 03-22-2012 2:42 PM In reply to

    Re: I was fired because of facebook

    suzy tracy:

    I was let go of my job becasue I called my boss greedy on facebook.  No names were used... IS this Wrongful termination.

    No. If the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:

    • of your race, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
    • you make certain kinds of reports about the employer to the government (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor or by the IRS; and
    • you took time off work to attend jury duty (in most states).

    Some states provide additional protection. For example, some states protect you from being fired because of sexual orientation, political affiliation, marital status, height, weight, or appearance. But neither federal law nor any state law protects you from being fired because you bad mouthed your boss -- whether names are used or not.

    One of the facts of life in the 21st century is that things you put up on the internet, including social media sites like Facebook, My Space, Twitter, etc., can come back to bite you, even if you thought only a few people could see it. And once you put it on the internet, its very hard to erase it. So you need to think carefully about what you put up. That's why I tell folks not to put anything on the internet that they wouldn't mind the whole world seeing. If you'd be embarrassed if ANYONE sees it, or if it might potentially cause you trouble if ANYONE saw it, it's best left off the internet.

    Complain about your boss with a friend over a beer at the bar, not on your Facebook page. You could still be fired if someone found out about the griping over the beer, but at least that's less likely to find its way back to your boss than something you put up on the internet.

  • 03-22-2012 3:00 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    Re: I was fired because of facebook

    Lay view:

    Boss was on safe side to part company --which side might prevail at UC hearing if it goes there may be up for grabs....

     

    Employers or prospective employers who demand you turn over personal passwords may be up for legal debate but thats not a problem you post. .

     



  • 03-22-2012 3:15 PM In reply to

    • Kivi
      Consumer
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    • Joined on 01-01-2005
    • CA
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    Re: I was fired because of facebook

    I googled the subject and brought up several sites that claimed that FB privacy settings are pretty easy to get around.

    I have not tried it as it looks like you would need to be somewhat of a geek.

    In addition to really knowing your friends, I would say that it would still be a good idea to not put onto your FB page, even your supposedly private one, anything that could come back and bite you in the rear end. Even if your boss is not the geeky type, he may know someone who is.

  • 03-26-2012 2:44 AM In reply to

    • DOCAR
      Lawyer
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    • Joined on 12-09-2000
    • NV
    • Posts 5,203

    Re: I was fired because of facebook

    Whistle blower statutes protect workers who complain to regulatory agencies about possible violations of federal law and regulations.  It does not protect workers wo use social media to complain about their boss.  Not a wrongful termination legally.

  • 03-26-2012 3:57 AM In reply to

    Re: I was fired because of facebook

    Mt_Fuji:
    Doesn't the National Labor Relations Act, enforced by the National Labor Relations Board, *prohibit* an employer from firing an employee for complaining online about work-related conditions? If the boss's greed was a work-related condition, the OP may have a case against the company.

    The NLRB prohibits employers for firing an employee for attempting to organize with other employees to improve working conditions at the place of employment. Facebook certainly could be used by an employee to reach out to fellow employees to improve conditions, and thus employees complaining among themselves on Facebook about what goes on at work as a prelude to organizing action to remedy those problems could be protected. But griping on Facebook to all your non-employee relatives and friends about your boss being "greedy" would not be a protected activity under the NLRB.

  • 03-26-2012 7:40 AM In reply to

    • LG81
      Consumer
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    • Joined on 01-03-2010
    • Posts 4,338

    Re: I was fired because of facebook

    suzy tracy:
    IS this Wrongful termination....

    It definitely is not wrongful termination in terms of the legal sense.  Personally, I don't think it's wrongful termination even in the moral sense.  It does not matter that you didn't use names.

    Go by the rule that was preached when companies were just starting to use email and long before social networking sites.  That rule was "never send anything in email that you wouldn't want published on the frong page of the newspaper."  That same guideline can be applied to what you post on the net.

    In your later post, you indicate it was posted within your privacy settings, so I presume you posted it as "friends only."  Remember that everyone you're "friends" with on Facebook may or may not be real friends.  Additionally, please keep in mind that the privacy settings of FB change often.  One day, you may be buttoned up like Fort Knox only to have the settings change and you don't realize that your posts are public. 

    Also, I recommend never "friending" someone you work with.  (It's unclear whether your "friend" was also someone you work with; your post sort of sounds like your friend doesn't work there, but I wanted to cover that anyway.)  I do connect with people I've worked with on LinkedIn (but only the ones whom I highly regard and who have good reputations), but that is quite different than connecting on FB. 

    Funny -- literally, as I'm typing this with the morning news on, after commercials the station is coming back with how more and more employers are requesting FB passwords along with resumes for applicants.

     

     

  • 03-26-2012 7:13 PM In reply to

    Re: I was fired because of facebook

    LG81:
    Funny -- literally, as I'm typing this with the morning news on, after commercials the station is coming back with how more and more employers are requesting FB passwords along with resumes for applicants.

    Facebook apparently doesn't think this trend is very funny. It's counsel has started making comments about suing employers who do this. If the company starts to do that, I suspect it will chill enthusiasm for this practice by all but the largest companies as a lawsuit with a large firm like Facebook could be very, very expensive to defend. Facebook also notes that sharing your passwords with anyone violates the terms of service of your Facebook account.

    My own view is that the moment a prospective employer asks for any computer account passwords that's when I'll stop pursuing a job with that firm and look elsewhere since (1) I'll not give any employer access to my personal accounts and messages with family and friends—that's none of the employer's business and good employers won't want to look at that stuff and (2) it suggests an employer that wants to exert control over my personal life, and I'm not interested in working for that kind of control freak.

  • 03-26-2012 7:26 PM In reply to

    Re: I was fired because of facebook

    I would agree with that for sure!

    Where does it end?

    Does the company also want the passcode to my personal home voice mail?  Maybe they'd like to have access to my cell phone voice and all my text messages also?

    How bout copies of all incoming and outgoing postal mail that I receive?

    Sure, they can ask, but I know I'd say no.

    That's just going way over the top in my humble opinion.

    I can't even imagine.  A company could say, we don't like you talking to your mom, and we've noticed you call and email her on the weekend.  That's going to have to stop.  Sure, they could do it, but who in their right mind would work for such a place?

     

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