Work Diciplinary due to Facebook post

The Bassmonkey · #1 10-21-2011, 06:07 AM

Hi Guys and gals,

Im currently going through a diciplinary process at work due to a facebook post I made.

I stated: "Does anyone else hate their useless manager, who asks you to do a job that he doesnt even understand"

The company are putting me through a dicipinary due to 'misconduct' despite my not naming any names, or the company, and no one from the company having commented on the post.

In addition the post was over a month ago and some has just randomly handed a screenshot of this post to HR on the 19th Nov. Seems like someone was trawling through my status' looking for something.

Has anyone had any experience with this type of action or process? Is there currently any legal clauses about social networking that I can use in my defence.

I agree it was probably harsh, and it certainly wont happen again, however, surely I have my right to freedom of speech when no one is directly implicated?

Thanks all!

(Apologies for any gramatical errors, typing at work on public station whilst on lunch)

**Pacman** · #2 10-21-2011, 06:10 AM

You always have a right to freedom of speech. With that right comes the responsibility to accept the consequences of those actions.

It's a really good policy to either (a) strictly control your friends list to not include co-workers, or (b) remember that Facebook is a "live mic" and watch what you say.

Good luck...

Kawai-chang · #3 10-21-2011, 06:19 AM

Pacman pretty much hit the nail on the head.

kanonfodr · #4 10-21-2011, 06:19 AM

I have heard of this happening before. I would either thin out my friends list, or put all my coworkers in one category of friends so I can use privacy settings to keep them from using certain things against me.

As far as a reasonable defense, sorry I got nothing :/ I suppose you could ask for your company's policy on social networking with regards to employee behavior. Your best hope is that the company doesn't have one, and therefore they have no precedent to punish you. However, I am not a lawyer and I don't play one on TV.

Peace,
Greg

DRafalske · #5 10-21-2011, 06:20 AM

I NEVER mention anything about work on FB.
And I'm careful about the pics that get posted of me.

Relic · #6 10-21-2011, 06:25 AM

yeah, there's a pretty big issue going on right now here in Jersey where a teacher had posted something derogatory about gay people on FB and she's facing all sorts of problems.

I think that there's very much a gray area in between freedom of speech and an employer's right to terminate you for what they feel are legitimate reasons. I mean you have the right to express your opinion - you're not going to prison if you say that you don't like the president etc etc, you're not getting locked up if you say that you hate your job, BUT your employment is not a guaranteed right. They can hire you for their own reasons, they can terminate you for their own reasons. Naturally a unionized workforce may make this a bit tougher for the employer but it is what it is.
Best bet is to just play it cool and play it safe. The current state of the economy and job market trumps my desire to fight for the right to say anything I want on FB...

**Pacman** · #7 10-21-2011, 07:03 AM

Another good idea is to think to yourself before you post "would I say this out loud around the people this concerns?" and let your answer guide you.

Actium · #8 10-21-2011, 07:08 AM

There's nothing wrong with venting about work to people that you trust. Do you trust all your facebook friends?

sandmangeck · #9 10-21-2011, 07:18 AM

People have been let go at my work for the same thing. Be careful, and don't post stuff like that. Or just post things about how much you love your job, and boss.

MonetBass · #10 10-21-2011, 08:20 AM

Quote:

Originally Posted by DRafalske

I NEVER mention anything about work on FB.
And I'm careful about the pics that get posted of me.

Bingo. Employers now watch any and all social media of current employees, and use those same resources to screen potential employees. Remember: stuff you put online is there forever and reflects directly on you.

Strat-Mangler · #11 10-21-2011, 08:30 AM

1) Never write anything derogatory whether it's through e-mail or FB on a PC connected to your workplace's network.
2) Companies have the right to use whatever data goes through their network however they want, so they're not in the wrong.
3) It's best to hide your profile if you want to keep some stuff private.
4) Use better judgment when at work.

As a sidenote, you're best dropping it altogether and apologizing profusely. The management is more likely to respect your admitting you were in the wrong and forget about it. Otherwise, you run the risk of alienating a bunch of people and creating permanent enemies.

Marial · #12 10-21-2011, 08:30 AM

Quote:

Originally Posted by Pacman

Another good idea is to think to yourself before you post "would I say this out loud around the people this concerns?" and let your answer guide you.

Excellent advice regardless of the scenario.

GypsyMan · #13 10-21-2011, 08:34 AM

Insubordination.

Just because you weren't on work property doesn't insulate you from the company code of ethics. People that work at your company obviously had access to your site.

It's the same situation of harrassment of a fellow employee at a bar after hours would be the precedent.

The Bassmonkey · #14 10-21-2011, 08:35 AM

Thanks for all the advice so far.
Im well of aware of the concequences and that I shouldnt have done it etc... so thanks for the reminders but i know this.
It turns out that my privacy settings that were set to friends only, is currently on friends of friends so im assuming that after the last privacy settings change type thing mine was changed?

I would have said the comment out loud, but obviously not a work, as im careful for anyting work related not to be posted on facebook.

Im just wondering if there is anything i can do under freedom of speech, no names of companys actually named etc...?

GypsyMan · #15 10-21-2011, 08:37 AM

It's been said before, You had the right to say what you did. No one stopped you. Now you have the right to face the consequences.

MakiSupaStar · #16 10-21-2011, 08:38 AM

I am very conscious of what I say on facebook. I have a personal policy, no matter how pissed I am, that I don't talk about specifics of work, or allude to things that could easily be understood to be work related. Last summer, in lifeguards, I got the shaft. People were watching, and eventhough I was super pissed, I was very careful not to post anything work related because I knew there would be repercussions. But I did go ahead and eliminate a lot of people from work that I declassified to 'acquaintances' that I don't need to be 'friends' with on facebook.

hdracer · #17 10-21-2011, 08:40 AM

Quote:

Originally Posted by Strat-Mangler

As a sidenote, you're best dropping it altogether and apologizing profusely. The management is more likely to respect your admitting you were in the wrong and forget about it. Otherwise, you run the risk of alienating a bunch of people and creating permanent enemies.

This, as a employer this would get the best results with me.

I would still send you packing but it would be on nicer terms.

iamlowsound · #18 10-21-2011, 09:50 AM

If you have a legit complaint about your boss, there are proper channels to go through. Facebook is not one of them.

lowsound

Munjibunga · #19 10-21-2011, 09:56 AM

Ooops.

EricF · #20 10-21-2011, 11:11 AM

Far too many people don't grasp how public FB posts can be. Unless you are VERY careful about how you set up your privacy, a lot more people can see what you post than you'd think.

Also, many people believe everything they read on the intarwebz.

These are lessons that I'm currently trying to get my 13-year-old daughter to understand.