Fired Over Facebook Comment

My question involves labor and employment law for the state of: NY

I've worked for Company X for 2 yrs (an insurance company handling auto claims). I decided to apply for grad school several months ago and got accepted for Fall 2009. I decided I wanted my last workday to be Friday 7/24 so I verbally told my manager this monday 7/13 that I am giving my two weeks notice. He acknowledged it and told me that I would no longer be receiving claims and I should simply try to get as much of my work done before my last day. I did NOT give anything in writing stating I resign.

Here's where my mistake was. I had been really disgruntled and upset with my job for a while now. I felt so free and couldnt wait until my last day. This tuesday afternoon (day after I gave my notice), I was browsing facebook and noticed a coworker from my office had put a comment stating he was sick and tired of our company. I put a comment on his comment stating that I felt the same and I couldnt wait to leave and then stated that i had put inappropriate notes in a file and it may get the company in trouble with a Department of Insurance investigation. Now mind you, this was ALL A JOKE. I was simply trying to rub it in to his face that I was getting to leave and he wasnt, while throwing a jab at our company at the same time. Well aparently, a friend of my coworker who works in another office ratted me out. On Wednesay afternoon, I got pulled into the office with the regional manager and an HR rep and was told that Wednesday was going to be my last day and they would pay me for the day.

I really dont care too much because I had already QUIT two days prior but what pisses me off the most is that they're not paying me for thursday, friday and my last week!!! I am also getting angry now because I dont believe I should have been fired. They never explained why I was getting fired and I never signed anything. I didnt actually do what I said I did on facebook because it was a joke between friends. I feel the company should have investigated my comment and then after proving I actually did something wrong, then fire me. Now I cannot use this job as a reference which also angers me.

Do I have a wrongful termination suit here? I'm not looking for anything crazy. I would be happy with getting my company to simply pay for the days running to my last day of my 2 week notice!

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Do I have a wrongful termination suit here?

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No. Your employer can fire you because the grass is green, the sky is blue, and he would like those colors reversed.

You may have thought your semi-public (or completely public, depending on the privacy settings of your co-worker's Facebook) comment was a joke, but it's pretty apparent to me that your employer viewed you as a liability and a threat, and canned you for it.

Be careful in the future what you post in public places. You never know who is watching, and as you've already found out, the consequences can be stiff.

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Quoting LawResearcherMissy

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No. Your employer can fire you because the grass is green, the sky is blue, and he would like those colors reversed.

You may have thought your semi-public (or completely public, depending on the privacy settings of your co-worker's Facebook) comment was a joke, but it's pretty apparent to me that your employer viewed you as a liability and a threat, and canned you for it.

Be careful in the future what you post in public places. You never know who is watching, and as you've already found out, the consequences can be stiff.

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Believe it or not the fired-because-of-facebook phenomenon is going to pick up speed, and when it does remember ~ Anigone called it!!!

This is not even in the same state, let alone the same ballpark, as a wrongful termination. Evidently your employer didn't think your joke was very funny.

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Quoting Antigone

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Believe it or not the fired-because-of-facebook phenomenon is going to pick up speed, and when it does remember ~ Anigone called it!!!

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It's been on the rise for a long time. There's even a word for it - dooced.

Came about after Heather B. Armstrong, author of the blog Dooce, got bounced out on her ass in 2002 after her employers found her blog, and her tales of working from home drunk, nasty remarks about her boss, and "jokes" about her company.

The word has come to mean getting Ye Olde Pinke Slippe over any online posting or interaction.

ok so I'm guessing I cant file for unemployment? i was told by a manager for the company that i'm friends with that my company doesnt challenge unemployment claims. this is my first "real" job so im completely ignorant here, not sure if im entitled to it or not but it would be great to get the extra $.

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ok so I'm guessing I cant file for unemployment?

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You can file. Whether or not it will be granted is up to the UI Board in your state.

Given that you were fired for cause, I would expect the claim to be denied, but it doesn't hurt to file.

You don't have to have been wrongfully terminated to collect unemployment. The vast majority of people collecting UI were legally fired. Although considering that you'd already given your notice, it's questionable if you will qualify.

Go ahead and file. The state will decide if you qualify or not.

thanks for all the help everyone. you've been a great deal of help!

i guess ill just let this one go as a lesson learned!

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Quoting LawResearcherMissy

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It's been on the rise for a long time. There's even a word for it - dooced.

Came about after Heather B. Armstrong, author of the blog Dooce, got bounced out on her ass in 2002 after her employers found her blog, and her tales of working from home drunk, nasty remarks about her boss, and "jokes" about her company.

The word has come to mean getting Ye Olde Pinke Slippe over any online posting or interaction.

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Well, lil miss Antigone was still at the train station when the train left, wasn't she :eek: