Firing Because of Facebook & Tips To Win The Case
Case Study - Fire Employee Because of Facebook
Is it illegal to fire employee who posts negative things on facebook? This quetions must be asked by most employers worldwide nowadays due to widely use of facebook. My boss just blamed me about this issue recently just because I posted inappropriate photo on my facebook, LOL. So this issue inspires me to write about "Fire case because of facebook posting and How to win the case if you're fired."
Note: my facebook is no company, institution, university or even work title.
Firstly, I would like to share a case study around the globe about this issues, then I will give you some tricks to win the case if they dare to fire you. Let's get to the case study #1.
Case Study # 1 : Facebook Surfing While "Sick"
A Swiss insurance worker called in sick because she said she couldn't work in front of a computer and needed to lie in the dark. She was fired for surfing facebook while out sick, according to a Reuter's story.
The unnamed woman abused the trust of insurer of insurer Nationale Suisse, the company said, leading to the firing. The woman told a newspaper in Zurich taht she had been surfing facebook in bed on her iPhone. She accused her employer of spying on her and other employees sending a friend request that allow to access online activity.
Nationale Suisse rejected the accusation of spying and siad one of the employee's colleagues had stumbled across her facebook activity in November, before use of the social media network sit was blocked in the company.
Case Study #2: "Inappropriate" Comments
Virgin Atlantic Airways Ltd., the UK carrier controlled by billionaire Richard Branson, fired 13 cabin crew because of "inappropriate" comments on facebook. The 13 people "participated in a discussion on facebook, which brought the company into disrepute and insulted some of our passengers." Said Paul Charles, a spokesman for London-base Virgin Alantics, via phone. He didn't give a details in comments, which have now removed from Facebook.
The messages included reference to jet engines and hygine on aircraft, the Guardian newspaper reported today, without saying how it obtained the information.
Case Study #3: Bored at Work
Kimberley Swann thought her job was boring so she said so on her Facebook page!
Her employer Ivell Marketing & Logistics of Clacton, U.K., gave her this update: "Following your comments made on Facebook about your job and the company, we feel it is better that as you are not happy and do not enjoy your work, we end your employment with Ivell Marketing and Logistics with immediate effect."
Miss Swann, 16, was stunned. She told the Daily Telegraph: "I did not even put the company's name, I just put that my job. They just being nosy, going through everything. I think it is really sad, and it makes them look stupid that they are going to be petty.
"We follow a zero tolerance social accountabililty standard," says the last sentence of the company's massive. Perhaps firing Ms. Swann is an example of Ivell's zero tolerance social accountability.
Case Study # 4: "Dissing" Children
A high-school special education teacher was to Facebook the following: "I'm feeling p--- because I hate my students!"
Superintendent Peter Gorman has already recommended firing the Tomasbora Elementary. Teacher whose page said she was "teaching in the most ghetto school in Carlotte" and described her students a racial slur.
The Thomasboro teacher met with Superintendent Gorman on Monday, said her lawyer, John Gesham. He said his client intended on offense to her students and was simply telling the truth about schools in the school district.
After you read all case study above, you can see that some fired without any severe guilty.
Legal Part and Interesting Case Study
As soon as you receive firing notification from your employer. What you should do is NOT sad and cry. Now I give you some legal knowledge on the case that you are more likely found NOT guilty.
Tip # 1: You have to consult the lawyer according to this issue immediately. I would reccommend you to consult a National Labor Court, normally, there is free of charge because most of the lawyers are valunteer lawyers. And the law and legal are different in individual country.
I have one interesting case from USA to share that the employee may be found NOT guilty. Souza worked as an emergency medical technician for the American Medical Technician of Connecticut until she was fired for allegally making negative comments about the company and, in particular, her supervisor, on Facebook. Some of her co-workers then also commented.
The NLRB (National Labor Relations Board) thinks that her dismissal is unlawful and has filed a complaint against the company. The company has countered by stating that the Facebook incident was just one of the thing Souza was fired for. Also that her comments on Facebook directly violate company policy in regards to activity on social networks.
Although the case has not sentence yet. I hope the NLRB and Souza prove victorious in this case because surely we all have right to condemn or bemoan our bosses and firm from time to time. (Read more informatin according to this case NLRB & Souza)
Tip # 2 : Discuss with your boss or superior by face to face before applying seriously legal terms. Employees have right to criticise or complaint about working condition, company or even their boss. You can find best solution without any cost like win-win solution.
Tip # 3 : If you have Labor Relations to represents on behalf of their emplyees. You can consult the case with them. They will help you find a good solution or even in legal terms.
If you are already posted some negative comments on your facebook wall. I have some tricks to prevent you from firing with stupid accuses.
- Don't post any negative comments about your company, work or boss on Facebook. If you just bore or unhappy with work, just post some funny comments instead.
- Don't add your bosses, supervisors, managers or some untrusful colleagues to your facebook page. Or Don't accept someone you don't know to be your friend.
- If you find that the comment you post as your status has many negative replies, just delete it.
- There is an option that you can block someone you don't like on facebook, don't hesitate to use it.
- Or create another account without any friend then you can complaint everything you hate or dislike. Ahh don't forget to make it secretly. ; -)
I hope there will be many comments according to my article. I love to hear other people voice.