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  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Exclamation Demoted Over Blogging, Believe It's Pregnancy Discrimination

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

    I got transferred and demoted-I've been on this property for 1 1/2 yrs., I never had an issue with anyone before-and I got transferred and demoted. I am so upset. It all started like this...

    I had a few journals on my blog about someone, pretty harsh ones at that (first name called out) but that particuliar person slandered my name on a daily to employees, so I vented out on MY own time, in my own privately set and not searchable blog.

    One day this particuliar person ended up on this blog site, saw my best friend still logged in and went through her profile!!! And then mine!!! On company time!!! Seems like invasion of privacy...

    She takes the journals I wrote (yes, she read every journal, all my personal stuff), prints it off, brings it to the manager (her buddy), and the manager goes to corporate-OVER our DM's head...

    Here's a little background...I have never had any issues-this girl has, she transferred 2 times from 2 different properties because there was always someone she didn't get along with...I only transferred to one other property and that was because I wanted a bigger discount for my apartment...

    But, I was told it was grounds for termination...And I wonder how if I did it on MY own time...never on company's time, and never on a company computer...how I can get in trouble...

    We both write statements and later in the week corporate calls, talks to the manager for 20 mins., the manager calls in this particuliar person, talks to her for 20 mins. and she hangs up...they never once asked to speak to me, and I never got to speak to them...

    Monday rolls around the corner, I get called to district...I'm told I am getting transferred to another property...effective immediatly...as a leaser...not even an assistant, which I am now...I ask why can't they just trade me with a new assistant at our sister property since that woman knows our property and I know the one she's on as well...I was told no because she's new in her position and so is the manager, they can't do that...then I find out the person taking my position is a leaser...so he is new in his position as well...she fed me lies, she lied to me about the new assistant this and new manager thing...

    I feel totally discriminated against...I feel it's because I am pregnant...

    Then before the day is over yesterday (my last day at my property), my manager says, "For what it's worth, I told our asset manager that you were one of the best bookeepers I ever had..." My response to that, "I know, our DM told me...but it doesn't matter now because everything I worked so hard for has been taken from me..." tears start welling up..."now if you don't mind, I'm going to finish typing my leases..."

    And this is what set me off...

    She came in my office, ask for a hug. I did, but it was like hugging a trader since I know she is the one who called corporate on me...

    She made a comment...and this is what made me feel even MORE discriminated against...

    Her words exactly..."You know, I am sure when something else pops up, after you have the baby, you will get it. It just takes time, so after you have the baby, I don't doubt you'll get it again..."

    WOW...burn, my company of 2 1/2 yrs. stabbed me in the back. I worked so hard and they stabbed me in the back.

    My manager kept making remarks about me taking 3 mons. off (covered in the FMLA act)-that it's too long...I think she told corporate, they demoted me because it's easier to loose a leaser for 3 mons. than an assistant...

    I have been discriminated against. I honestly don't know how they can penalize me for something I did on my own time and something that the other girl found on company time. I was the only one who got in trouble, she didn't and she should've. She was on the computers all day and that is against policy...so why did only I get into trouble...

    Do I have something here...? I am so upset and feel so discriminated because I am pregnant...

    One more inside thing, another leaser on the same proeprty thay transferred me off of, is pregnant too...due 3 weeks after me...really funny and convenient, huh?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Do I Have A Case Here?

    It does not sound to me that you're being discriminated against because you're pregnant.

    Rather, it sounds to me that you've been disciplined for running your mouth about work in a public place and reflecting poorly on the company.

    Public. The internet is just about as public as it gets - your blog might not be searchable, but it's clearly out in public where everyone else can access it, otherwise your co-worker would not have been able to get to it.

    Never, ever post anything out on the internet you wouldn't say directly to someone's face - and even then, be careful. This time, you got to keep your job.

    The next time, you could be dooced.

  3. #3
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Do I Have A Case Here?

    I never once mentioned where I worked, where I lived, what I do, or my position....so how could it reflect poorly on the company when if someone was to find it, they would not know what company it was involving?

    Also, she accessed it through my BF's profile. She forgot to log out and then this co-worker (who was on the computers during business hours, violation of policy and she wasn't reprimanded) snooped through my bf's private profile.



    Quote Quoting LawResearcherMissy
    View Post
    It does not sound to me that you're being discriminated against because you're pregnant.

    Rather, it sounds to me that you've been disciplined for running your mouth about work in a public place and reflecting poorly on the company.

    Public. The internet is just about as public as it gets - your blog might not be searchable, but it's clearly out in public where everyone else can access it, otherwise your co-worker would not have been able to get to it.

    Never, ever post anything out on the internet you wouldn't say directly to someone's face - and even then, be careful. This time, you got to keep your job.

    The next time, you could be dooced.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Demoted Over Blogging, Believe It's Pregnancy Discrimination

    I never once mentioned where I worked, where I lived, what I do, or my position
    Neither did Heather Armstrong, who coined the term "dooced" after she got fired for...wait for it...writing in her blog about work, on her own time, from her own computer.

    All it takes is one person who knows who you are to recognize your posts and use them to wreak havoc.

    Re-read what HR For Me wrote and take it to heart.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Demoted Over Blogging, Believe It's Pregnancy Discrimination

    just to let you know, in Michigan, there is an employer that has fired all emplyees that smoke. Not just smoke on company property, but smoke at all and it has been held up in the states supreme court as legal.

    a company can essentially restrict your entire life as long as they do not descriminate due to a protected class.


    I never once mentioned where I worked, where I lived, what I do, or my position....so how could it reflect poorly on the company when if someone was to find it, they would not know what company it was involving?
    then why didn;t you deny it was this company you were speaking of? Maybe because it was obvious who you were speaking about.

    yes, she read every journal, all my personal stuff),
    You really need to realize there is nothing private as long as it is placed on the internet. If it were only on your computer not avaible for online viewing, then you might have a chance to argue your invasion of privacy issue but you are the one that essentially made it avaiable to others.

    One more inside thing, another leaser on the same proeprty thay transferred me off of, is pregnant too...due 3 weeks after me...really funny and convenient, huh?
    kind of hard to claim descrimination if she has not been affected and has the same condition you do.

    and just a side note; you should really make sure FMLA is applicable. Not sure what you do and where but there are limitations to who can utilize FMLA time. One of the requirements is a particular number of employees. It doesn;t sound like your job would have a great number of employees in any given location.

  6. #6
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Demoted Over Blogging, Believe It's Pregnancy Discrimination

    I suggest reading through the following article:
    http://www.nytimes.com/2007/12/30/bu...pagewanted=all
    Especially this paragraph:
    "Employment law in most states provides little protection to workers who are punished for their online postings, said George Lenard, an employment lawyer at Harris Dowell Fisher & Harris in St. Louis. The main exceptions are workers who are covered by collective bargaining agreements or by special protections for public-sector employees; members of these groups can be dismissed only “for cause.” The rest of us are “at will” employees, holding on to our jobs only at the whim of our employers, and thus vulnerable. "

    You have given your employer a reason to discipline/demote and possibly even terminate you. Being pregnant does not stop them from doing so. Illegal discrimination is if they terminate/demote/discipline you BECAUSE you are pregnant....but it doesn't sound like that is what happened.

    Obviously your blog was not protected enough. Your BF left open access at a place where this coworker could find it. Honestly, you should never assume that anything you put out onto the 'net will stay private.

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