Paraprofessional

I was a paraprofessional for a school district. i was terminated because one of my "so called" face book friends took the time to print off my statuses from the site and send it to the HR department. The reason for termination was for comments made on a social networking site. The comments that were made were not intended for harm but for advice. The comments listed no names of company, staff or students. They are denying me my unemployment benefits stating there was a deliberate disregard for the employers interest, and misconduct connected with work. We are not able to access social networking sites on the job and some comments were made on breaks and off duty. I am unemployed and unable to claim benefits how do I fight this. I have filed for an appeal and it was not granted. I am in the process of filing for a second appeal. Please advise.

The termination was not unlawful. Internet posts on message borads (like this one), social networks etc have caused other to be fired as well. I can think of several myself as can users like cbg and patricia I am sure. Your only action is the one you have already taken. sorry I know you wanted to hear more but there isnt more to say on this issue

There has been some recent case law on this subject; can you give me an idea what kind of comments you made? Were these status updates or messages to a friend; if the latter, is the friend employed the same place you are?

Jacksgirl's comments are *probably* correct but in view of the recent changes in the law, it's worth inquiring.

The one I think you are referring to is a case with the NLRB and I believe it doesn't go to a hearing until Jan 2011. Basically the NLRB stated that the employee's Facebook postings were protected concerted activity. That is the only case I know about unless you heard or read another one.

That's the one. As I said, it's likely that Jacksgal's response is correct but it's worth inquiring.

I wonder if the real problem is that some of the FB activity was conducted during OP's breaks during the workday. If she's paid for those breaks, then is that considered 'company time', and therefore considered misconduct?