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Fired for facebook
- Thread Starter drebeats
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jacksgal
New Member
You are an "at will" employee its legal
cbg
Super Moderator
The odds are pretty good that it's legal. You haven't posted enough information to give a definite answer, but based solely on what you have posted, I don't see any illegality.
Here is a brief detail of what happened:
Last week a co-worker of mine supposedly wrote a letter to OSHA explaining our work conditions and that they need to come check it out. On Friday, OSHA showed up, and the owners refused to let them in. In result of this, OSHA said that they were going to come back with a warrant. After they had left, the owners started running around and making everything "safe" and fixing all of their problems that was within the place, to the best of what they could. While I was out for lunch on Friday, I posted on my facebook status, "damn. OCEA......we're screwed." and no more than 3 minutes later I deleted the post. To my knowledge that was the end of it. Come to find out that on Saturday about an hour after I got home from work, I got a call from my temp agency stating that they were letting me go because of this post that is no longer there and that was on there for less than 3 minutes. Is that enough reasoning to fire me when I didn't even spell OSHA right and I deleted it within 3 minutes of it being posted? And the lady who contacted OSHA is still a temp employee there.
Last week a co-worker of mine supposedly wrote a letter to OSHA explaining our work conditions and that they need to come check it out. On Friday, OSHA showed up, and the owners refused to let them in. In result of this, OSHA said that they were going to come back with a warrant. After they had left, the owners started running around and making everything "safe" and fixing all of their problems that was within the place, to the best of what they could. While I was out for lunch on Friday, I posted on my facebook status, "damn. OCEA......we're screwed." and no more than 3 minutes later I deleted the post. To my knowledge that was the end of it. Come to find out that on Saturday about an hour after I got home from work, I got a call from my temp agency stating that they were letting me go because of this post that is no longer there and that was on there for less than 3 minutes. Is that enough reasoning to fire me when I didn't even spell OSHA right and I deleted it within 3 minutes of it being posted? And the lady who contacted OSHA is still a temp employee there.
I guess that's why they call you a "Temp"... and they call the agency a "Temp Agency". 
What does "Temp" stand for ? ¿ ♫
For a new job, try:
► www.indeed.com ◄
or ↕
► www.monster.com ◄
Stay away from Craigslist job offers!
What does "Temp" stand for ? ¿
♫For a new job, try:
► www.indeed.com ◄
or ↕
► www.monster.com ◄
Stay away from Craigslist job offers!
Last edited:
cbg
Super Moderator
Whether it is "reason enough" to fire you is a matter of opinion.
But what you want to know is whether it is legal to fire you for that - and it is.
But what you want to know is whether it is legal to fire you for that - and it is.
Let me ask you this - is there a compelling reason why you needed to share this information with the world that is detrimental to your employer's reputation? In their minds, that is enough reason to fire you.
Here's my guess - you deleted the post within 3 minutes (or maybe it was 10) but not before someone else saw it who reported it and wasn't happy about it. If you're a temporary at will worker (aka "contractor"), you can be let go any time. They don't even have to tell you that it was because of a Facebook post.
I understand it's somewhat neat to share "the scoop" on interesting things going on around you. But how would you feel if one of your contractors posted something negative about your work? My feeling is that Facebook and Twitter are probably the most self-destructive technology ever introduced. Best of luck to you and sorry to hear about what happened.
I understand that I shouldn't have wrote that up there, but in my defense, I didn't mention one thing about the company in my post, I didn't even spell OSHA right, so basically they are going off of assumption. Not to mention that they said I'm fired from their temp agency as well and they refuse to help me find another job. Is that even legally fair?
disagreeable
Well-Known Member
When you are employed at will, almost anything is legal. Fair is a matter of perspective. From the temp agencies viewpoint yes, i think it was fair. Now they no longer have an employee they need to worry about running their mouths.
Here's the thing. From a personal standpoint:
(1) Don't you think many of your Facebook friends know where you work and might tell others?
(2) Even if you didn't spell OSHA correctly - does that really make any difference at all?
Do I think it is a little harsh? Yes. Do I think you deserve a second chance? Perhaps. But you have to remember that most employers these days are scared silly about stories of Tweets and Facebook status updates that bring all types of bad publicity (and potentially libel) issues into the mix. Anyone who seems to be quick on the social networking trigger is someone they want to disassociate themselves from. Call it a learning experience and perhaps you can call up the agency in a few weeks, apologize, tell them you learned a tough lesson and hope you can start again.
Consequently, it does not appear you have any protection under the law. Generally, a company can discipline or even discharge an at-will employee for his or her Facebook postings. While an exception exists for employees communicating amongst each other concerning workplace conditions, this exception does not appear to come into play here.
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