Can You Legally Be Fired over Facebook Remarks?

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violian

I think the company would have stance if her profile information indicates the company she works for anywhere. Because if she's bashing about her workplace, all the people that she's friends with will know that the company "sucks". One of the most common status updates I've seen on Facebook are work-related - and I'm always curious where they work after seeing their status.

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jgrimoldy

Hmmm... Let's see... Last I checked, it's 100% legal for me to say, "Fuck You," to my manager wherever I please.  It's also 100% legal for me to be fired as a result for insubordination.  Just  because I say it in public somewhere, or online, doesn't make it a "safe zone," where rules and reprecussions don't apply.

Dawnmarie is a stupid cunt.  Consider this to be a great learning opportunity, you fucking idiot.

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Eoraptor

So by that logic, if I'm sitting in a Starbucks, sipping coffee, and casually tell the barista that the manager at radioshack is mentally deficcient, then radioshack as an entity has a right to fire me? I may as well be prepared to be asked to show my papers and goose step then, because obviously we live in a corporate police state.

you're protected in voicing your opinion about individuals or even institutions in a public and private sphere. While the article points out she was already on her way out the door for other performance issues, fundamentally, Dawnmarie has a right to say what she wishes on her own time and not fear retrobution over ~that~. If I call said Shack manager mentally deficient, they have the right to argue with me, or to be upset with me... they do not have the right to strip me of liberty, property, or employment, as pointed in the article; Those are protected by law and precedent. That's what freedom of speech is about, and to say otherwise is to give it up entirely.

Now if she went on facebook and said they routinely raped babies and kicked puppies, or claimed to be officially representing the ambulance company on her facebook, that's libel or damaging and not protected (unless clearly done as parody). But simply voicing her displeasure as an individual is still protected. It's definitely something that needs to be adressed, because right now, as the article points out, the law lags reality regarding online speech.

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endee

The Supreme Court has long held that a job is the property of the employer, not the employee. In fact and law an employee can be fired for any reason except when the reason can be shown to violate the employee's constitutional rights. (A firing may have civil consequences for an employer, for instance, when it violates the terms of a union contract.)

Employment is not a constitutional right. Ms. Souza's still has the ability to post to her Facebook page and complain. Her firing has no impact on her 1st Amemdment right to do so.

 

 

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I Jedi

This is why I don't use Facebook/Myspace/Twitter when talking about co-workers, my job, or even my boss. I hate every last one of them, mostly; however, I'm smart enough to only bitch about it with people I trust. People need to understand that the Internet is not as anonymous of a place as much as it once was. When you go online, start doing things, such as Facebook, XFire, Twitter, etc, you are making a name for yourself out there, rather you know it or not. 10 years ago you could shoot off angry post under the username Jackass2012, and no one would ever know your true indentiy. Unfortunately, Facebook and Myspace have paved the way towards stopping this type of anonymous posting.

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JohnP

All these stories about getting fired over some trivial thing invariably have a huge backstory that no one bothers to report. I am SURE that the employee was on the ropes for quite a while and that she was just fired. It was her lawyer that probably came up with suing the company over facebook. She was going down, Facebook is just smoke covering the event. As usual, sensationalism reporting grabs the attention.

 Mark this, NO ONE will EVER report the results of the trial as it will be found that FB had nothing to do with it. Just you watch...

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