Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 25
  1. #1
    Join Date
    Jul 2013
    Posts
    19

    Default Fired for Instagram Post

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

    Hello,
    I was recently terminated for posting a photo and comment on my personal (private) Instagram account on my lunch break. The post and comment did not mention my boss, employer, or anyone/anything else by name. I have come to the conclusion that I can't fight this because this isn't concerted activity as defined by the NLRB. The company does not have any type of social media policy in place but fired me because of this post. Do I have any legal recourse? They're trying to deny me unemployment now so I'm pretty much desperate for help.

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Fired for Instagram Post

    Quote Quoting MLParker
    View Post
    My question involves labor and employment law for the state of: Colorado

    Hello,
    I was recently terminated for posting a photo and comment on my personal (private) Instagram account on my lunch break. The post and comment did not mention my boss, employer, or anyone/anything else by name. I have come to the conclusion that I can't fight this because this isn't concerted activity as defined by the NLRB. The company does not have any type of social media policy in place but fired me because of this post. Do I have any legal recourse? They're trying to deny me unemployment now so I'm pretty much desperate for help.
    Your recourse is to file for unemployment, brush up your resume and begin to pound the pavment.

  3. #3
    Join Date
    Jul 2013
    Posts
    19

    Default Re: Fired for Instagram Post

    Edited:
    I'm actually going back to school this fall (something they already knew about prior to my termination) so I won't be looking for a new full time job. I have filed for unemployment but the company is trying to deny me any unemployment benefits. I just think there's something wrong with them firing me for posting something that the company cannot prove was about them. I can't find any case law that directly relates to my case. Everything I'm finding involves an employee mentioning their employer by name on Facebook.

  4. #4
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Fired for Instagram Post

    Quote Quoting MLParker
    View Post
    I'm actually going back to school this fall (something they already knew about prior to my termination) so I won't be looking for a new job. I have filed for unemployment but the company is trying to deny me any unemployment benefits. I just think there's something wrong with them firing me for posting something that the company cannot prove was about them. I can't find any case law that directly relates to my case. Everything I'm finding involves an employee mentioning their employer by name on Facebook.
    If you are not going to be actively looking for work you should not receive unemployment benefits. In order to qualify for unemployment you must be actively looking for work.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Instagram Post

    There doesn't have to be a law saying that the employer can fire you for posting a picture on Instagram. It's enough that there isn't a law that says you can't.

  6. #6
    Join Date
    Jul 2013
    Posts
    19

    Default Re: Fired for Instagram Post

    I edited my prior post. I am not looking for a full time job but am considering any employment options since I'm falling behind on student loan payments and other bills.

    - - - Updated - - -

    Quote Quoting cbg
    View Post
    There doesn't have to be a law saying that the employer can fire you for posting a picture on Instagram. It's enough that there isn't a law that says you can't.
    Even though Colorado is an at-will employment state, when they fire me for a specific reason doesn't that reason have to have some merit? If not, couldn't a company in theory fire someone for posting a picture of a potato or a cat?

  7. #7
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Fired for Instagram Post

    nope

  8. #8
    Join Date
    Jul 2013
    Posts
    19

    Default Re: Fired for Instagram Post

    Quote Quoting Lehk
    View Post
    nope
    "nope" I don't have legal recourse? Or "nope" I can't be fired for posting a photo on Instagram? Please clarify.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Instagram Post

    No,that's what at-will means; there does not have to be merit. Yes, a company could in theory fire someone for posting a picture of a potato or a cat.

    On another board some years ago, someone posted that they were fired because they had a banana on their desk. We told them the truth - it is absolutely legal to fire you because you had a banana on your desk. And it is legal to fire you because you posted a picture on Instagram.

  10. #10
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Fired for Instagram Post

    Quote Quoting MLParker
    View Post
    "nope" I don't have legal recourse? Or "nope" I can't be fired for posting a photo on Instagram? Please clarify.
    Nope, no legal recourse.

    Yep, you can be fired for your Instagram post. In fact you can be fired for showing up with shoes that have green shoelaces if your boss felt like it.

    (Channelling patty, just in case anyone was wondering).

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Where is My Post
    By gqqnbig in forum Banter
    Replies: 2
    Last Post: 04-20-2013, 08:05 AM
  2. Replies: 4
    Last Post: 08-20-2012, 01:39 PM
  3. What Do You Want to See in a Post
    By MaggieMay in forum Banter
    Replies: 11
    Last Post: 03-25-2012, 05:41 AM
 
 
Sponsored Links

Legal Help, Information and Resources