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Wrongfully Fired for Fully Private Facebook Page

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  • 10-13-2010, 06:19 PM
    jayc1979
    Wrongfully Fired for Fully Private Facebook Page
    My question involves labor and employment law for the state of: New York

    Hi , I was fired today because of comments I made on my PRIVATE facebook page. I did not name the company in which I worked in nor do I have them listed as my employer. Someone at my job who I had as a friend on this social network went and told people what I said which was basically " I dont want to be at this place anymore , they do not pay me enough to work hard anyway. " this was told to the boss he didnt even see it. I thought to myself that isn't this freedom of speech and invasion of privacy ? I was not in any way slandering the company by name but just expressing my feelings on how crappy my job has become. The person who fired me said and I quote " I dont give a **** what you try to tell me , all I know is you were talking about this company " I continued to explain to him I am allowed to complain about anything I want and never named the company by name. He did not care. Now several hours later he had his underling call me to come back in tomorrow at noon. I am figuring that maybe he jumped the gun on getting rid of me and when he talked to company lawyers they may have told him it was not a smart move. I dont know what to do now..I definitely do NOT want to go back because of this. Is there any platform for a case ? Mind you I have been with this company over 13 years.
  • 10-13-2010, 06:27 PM
    cyjeff
    Re: Wrongfully Fired for Fully Private Facebook Page
    Freedom of speech protects you from governmental penalty. You were not jailed.

    Freedom of speech does not protect you from consequences of what you say. It is 100% legal for your boss to hold you accountable for what you posted on facebook.
  • 10-13-2010, 06:48 PM
    cbg
    Re: Wrongfully Fired for Fully Private Facebook Page
    Although the law in this area is developing still, it is developing in the direction of supporting your employer's position. The law IS upholding the right of the employer to fire an employee who makes disparaging remarks about the company or employer on their social networking pages EVEN IF they are private pages.

    Additionally, the First Amendment says that THE GOVERNMENT cannot restrict your speech. It says nothing about your employer.
  • 10-13-2010, 08:05 PM
    Dogmatique
    Re: Wrongfully Fired for Fully Private Facebook Page
    Quite honestly, my advice would be this:

    Don't put anything on your social networking site that you wouldn't want your parents, grandparents, priest or employer to see.
  • 10-13-2010, 09:29 PM
    cyjeff
    Re: Wrongfully Fired for Fully Private Facebook Page
    Quote:

    Quoting Dogmatique
    View Post
    Quite honestly, my advice would be this:

    Don't put anything on your social networking site that you wouldn't want your parents, grandparents, priest or employer to see.

    Or spouse.
  • 10-13-2010, 09:58 PM
    Dogmatique
    Re: Wrongfully Fired for Fully Private Facebook Page
    Quote:

    Quoting cyjeff
    View Post
    Or spouse.



    LOL yes, absolutely.
  • 10-13-2010, 10:54 PM
    jayc1979
    Re: Wrongfully Fired for Fully Private Facebook Page
    Okay I understand but my boss is going on what someone told him, he didnt even physically see the posting. Other than that like I said I never mentioned the company's name. Im pretty sure I can bitch about work to friends as they do to me in a facebook thread..it wasnt even an status update. I dont know , this to me all seems like an excuse to get rid of me since the company has been trying to offer buyouts and or just fire people.
  • 10-13-2010, 11:01 PM
    PattyPA
    Re: Wrongfully Fired for Fully Private Facebook Page
    You can complain all you want to, but words have consquences. Obviously somebody in your "private group" blabbed. You don't have to mention the company name. People who know you know where you work.

    If they wanted an excuse to fire you, you just gave them one.
  • 10-13-2010, 11:28 PM
    Dogmatique
    Re: Wrongfully Fired for Fully Private Facebook Page
    Quote:

    Quoting jayc1979
    View Post
    Okay I understand but my boss is going on what someone told him, he didnt even physically see the posting. Other than that like I said I never mentioned the company's name. Im pretty sure I can bitch about work to friends as they do to me in a facebook thread..it wasnt even an status update. I dont know , this to me all seems like an excuse to get rid of me since the company has been trying to offer buyouts and or just fire people.


    Are you sure a screen-shot wasn't involved?

    I've used those with my kids over and over as proof of what they've said previously....and they're pretty hard to deny.
  • 10-13-2010, 11:54 PM
    jayc1979
    Re: Wrongfully Fired for Fully Private Facebook Page
    No screen shots...showed me a letter from somebody that was hand written to him. I came to find out it was a supervisor who doesnt even have facebook who just overheard people talking about certain things in the work place so basically , they dont have proof...its just hearsay...Not to mention this supervisor hates me. we've had history before he became a boss...which was like last month. He's out to make a name for himself , thats all it is. But as I said. They have no actual proof , it was just a letter written to them about what was said.
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