Deliberate Indifference

TSindy

New Member
Jurisdiction
Indiana
On November 19, 2015 after a long ten hour work day I was noticeably aggravated when clocking out from my shift and heading home (due to the lack of pay for training others and then finding that those I am training make the same amount per hour that I do as well as only having one paid 15 min. break). Once home and somewhat relaxed I admittedly made a rather vague social media post on some views and opinions of my workplace. In which a coworker had deemed it necessary to bring to our district managers attention ensuing the determination of my dismissal from said employer. I am quite curious as to how an attempt to collectively and comprehensively express said aggravations to my private social media page had lead to a dismissal of Inappropriate Behavior? My understanding of inappropriate behavior is an action or behavior that is hazardous or menacing that is made on company time and/or property.
I've been researching for weeks of how such a determination could be made and how social media has affected the workplace (even though I was sitting in my living room). There is an article published by Morrison/Foerster entitled "Client Alert" on 1/15/13 on Social Media and the NLRA; and in Section 2, subsections 1-4 that states that regardless of vulgarity or rudeness such posting or practices of social media are protected under Section 7 of the NLRA and even a section on page 4 of Actions that Employers should take to determine how social media in the work place should be handled. With my time in this company no such policies were made or determined nor signed but yet I was fired under the grounds of Inappropriate Behavior in the workplace due to the social media post made?
I guess in short my question is... there are rules and regulations made for social media and behavior in the workplace but what happens when a rather vague post is made in private time, out of aggravation in which there where no names, places, or events mentioned; lead to termination from a company?

On November 19, 2015 after a long ten hour work day I was noticeably aggravated when clocking out from my shift and heading home (due to the lack of pay for training others and then finding that those I am training make the same amount per hour that I do as well as only having one paid 15 min. break). Once home and somewhat relaxed I admittedly made a rather vague social media post on some views and opinions of my workplace. In which a coworker had deemed it necessary to bring to our district managers attention ensuing the determination of my dismissal from said employer. I am quite curious as to how an attempt to collectively and comprehensively express said aggravations to my private social media page had lead to a dismissal of Inappropriate Behavior? My understanding of inappropriate behavior is an action or behavior that is hazardous or menacing that is made on company time and/or property.
I've been researching for weeks of how such a determination could be made and how social media has affected the workplace (even though I was sitting in my living room). There is an article published by Morrison/Foerster entitled "Client Alert" on 1/15/13 on Social Media and the NLRA; and in Section 2, subsections 1-4 that states that regardless of vulgarity or rudeness such posting or practices of social media are protected under Section 7 of the NLRA and even a section on page 4 of Actions that Employers should take to determine how social media in the work place should be handled. With my time in this company no such policies were made or determined nor signed but yet I was fired under the grounds of Inappropriate Behavior in the workplace due to the social media post made?
I guess in short my question is... there are rules and regulations made for social media and behavior in the workplace but what happens when a rather vague post is made in private time, out of aggravation in which there where no names, places, or events mentioned; lead to termination from a company?
 
Last edited by a moderator:
An employer need not provide an employee an explanation or a reason for terminating said employee.

There are exceptions.

If an exception had applied in your case, you wouldn't have been terminated.

The lesson here, is don't do it again.

Don't waste time, effort, or money trying to overturn your termination.

It can't happen, and if it did, it'll take five to ten years anyway.

I know because I've represented people who were illegally terminated.

You must eat daily, pay your rent monthly, so don't waste time on a quest which won't be satisfying.

Apply for unemployment insurance, see if the state will grant it while you seek a better job.

Good luck, Merry Christmas.
 
I guess in short my question is... there are rules and regulations made for social media and behavior in the workplace but what happens when a rather vague post is made in private time, out of aggravation in which there where no names, places, or events mentioned; lead to termination from a company?

Did you even bother to look up the NLRA? The National Labor Relations Act addresses the right of employees to form or join a union. Has nothing to do with being fired for ticking off your boss.

Read it:

National Labor Relations Act | NLRB

The boss had every right to fire you for mouthing off on social media.
 
Actually, in this particular case the OP may be right. Since she was complaining about working conditions - which is a protected right under the NLRA.
 
Actually, in this particular case the OP may be right. Since she was complaining about working conditions - which is a protected right under the NLRA.

Maybe not.

"RIGHTS OF EMPLOYEES Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection"

I don't think that OP's online discussion conforms to any of that
 
The NLRB has been taking a very liberal view on social media use to vent workplace grievances. That would be the only recourse. File a complaint with the NLRB and see if they are willing to take it up. It isn't illegal, as there is no statutory law that says an employer may not fire someone for venting on social media. It is at least close to some of the cases the NLRB has found violate their agency's guidance.
 
Back
Top