Connecticut Firm Must Defend Firing Employee Over Facebook Comments
The story described in this report in today's Insurance Journal will probably become more common. Employer upsets employee; employee (foolishly) vents frustration on Facebook or some other Web site for the whole world to see; employee upsets employer; employer bids farewell to employee.
People have griped about their employers since the guy overseeing construction of the Great Pyramids said, "Get back to work, ye lazy (fill in the blank)." The difference now is that you can leave a permanent record of your venting before you've had a chance to cool off and ask yourself, "Gee, should I really have written that?" This is never really a wise thing to do, particularly with an official unemployment rate hovering just below 10 percent and the unofficial rate plus the underemployment rate considerably higher.
However, some employees will cry foul when they get dismissed over something they wrote on Facebook, sometimes with justification, and attorneys are ready, willing and able to take on the fight. This is reason #146 why firms large and small need employment practices liability insurance. The most benevolent of employers still have the real possibility of a summons requesting significant amounts of money for a former (or current) employee who feels he has been wronged. Nine out of ten of the firm's supervisors may be sweethearts, but that tenth one may be the dictionary definition of a jerk and may take personally a Facebook post made in both jest and poor judgment. That's the person who will land the company in court.
Facebook, Twitter, chat rooms, forums, etal., give people a false sense of anonymity; they're fooling themselves. I've read multiple reports lately of employers using Facebook as an applicant screening tool. I don't necessarily agree with using it that way (let he who does not have at least one embarrassing photo from his college days cast the first virtual stone), but it's happening. Now employers can just as easily track what their minions are saying on their "personal" Facebook pages. How they react just might win them some quality attorney time.
Have you had this conversation with any of your clients? What was the result? Spin your tales in the comments. I'm closing up the Geek Cave for the weekend. Enjoy!
The employer uses his facebook to vent his frustrations, thats a fuuny thing, why just keep it to your self or talk it with someone else close to you. Social media is so fast and very effective now, if you post something, many people can see it and spread your post.
Posted by: Arizona Life Insurance | November 24, 2010 at 07:38 AM
Astin,
This is a bit outside my area of expertise, but if you believe you may be a victim of an illegal employment practice, you may want to check with the U.S. Equal Employment Opportunity Commission (http://www.eeoc.gov).
Posted by: Tim Dodge | August 24, 2011 at 11:38 AM
Please kindly delete the spam comment with a link to my site posted (on August 23, 2011 at 03:53 AM). This is a generic spam comment and a person working for me without my authorization posted this exactly similar comment on many blogs. I will greatly appreciate if you can delete this comment from your blog. Thank you.
Posted by: Joe Martin | February 13, 2012 at 10:25 PM
Joe,
I just deleted the comment. Thanks for letting me know.
Posted by: Tim Dodge | February 14, 2012 at 09:37 AM