I was fired last year from a company I was with for over 6 1/2 years. I was fired for comments made on my Myspace page (blog). There was no policy against blogging at the time I wrote the blog entries. I ultimately made disparaging remarks about the way the Main Office handled the termination of several other employees.
I was fired for making the disparaging remarks. There is a clause in the employee handbook that states that, effectively, an employee may not make disparaging remarks about the company, employees, customers, or even the products carried in the store at any time during the course and scope of employment.
I didn't go to law school, but I was under the impression that "scope and course of employment" meant that I was either:
1) On the company premises, or
2) I was on the clock (being paid by the company at the time), or
3) I was otherwise representing the company in some capacity.
I wrote the blogs at my own home, on my own time, and I was not being paid or otherwise representing the company.
I don't dispute the firing; Oregon is an at-will state and the company had every right to fire me for the comments I made. I am just baffled at how the blogging could be considered during the "course and scope of employment." I have been unable to find a definition for this phrase. The only thing I've really seen is that it means anything "connected with work."
The problem with "connected with work" is that I could go home from a long day and my wife could ask how my day went. If I were to respond, "It sucked, honey. I had this annoying customer who was yelling at me today for things that weren't even my fault. He was a total jerk when all I was trying to do was help him!"
It would seem that if my someone walked by my apartment at the time and overheard, then I could be fired for making comments to my own wife in my own home, even though I am off the clock and obviously not representing my company. Because I called the customer a "jerk" in my explanation to my wife, it would be "connected with work," wouldn't it? And if so, then just about everyone on the planet that ever complained about their job would be fired and unable to collect unemployment benefits.
Could someone lead me toward (or otherwise just define) what the phrase, "course and scope of employment" actually means? Thank you in advance for your time and any help you can provide.
I was fired for making the disparaging remarks. There is a clause in the employee handbook that states that, effectively, an employee may not make disparaging remarks about the company, employees, customers, or even the products carried in the store at any time during the course and scope of employment.
I didn't go to law school, but I was under the impression that "scope and course of employment" meant that I was either:
1) On the company premises, or
2) I was on the clock (being paid by the company at the time), or
3) I was otherwise representing the company in some capacity.
I wrote the blogs at my own home, on my own time, and I was not being paid or otherwise representing the company.
I don't dispute the firing; Oregon is an at-will state and the company had every right to fire me for the comments I made. I am just baffled at how the blogging could be considered during the "course and scope of employment." I have been unable to find a definition for this phrase. The only thing I've really seen is that it means anything "connected with work."
The problem with "connected with work" is that I could go home from a long day and my wife could ask how my day went. If I were to respond, "It sucked, honey. I had this annoying customer who was yelling at me today for things that weren't even my fault. He was a total jerk when all I was trying to do was help him!"
It would seem that if my someone walked by my apartment at the time and overheard, then I could be fired for making comments to my own wife in my own home, even though I am off the clock and obviously not representing my company. Because I called the customer a "jerk" in my explanation to my wife, it would be "connected with work," wouldn't it? And if so, then just about everyone on the planet that ever complained about their job would be fired and unable to collect unemployment benefits.
Could someone lead me toward (or otherwise just define) what the phrase, "course and scope of employment" actually means? Thank you in advance for your time and any help you can provide.