Fired for comments on myspace.

by Carly
(Colorado)

A co worker took a camera into work and took pictures of some other co workers.
She posted the pictures as comments on my myspace page.

I then left a comment on HER page saying "we work with some hot chicks. you better be careful... that chick will beat you with her cane"
I didn't post pictures, I didn't use names.....
So I got fired officially because I "created a hostile work environment"

I was never given the chance to take them down, or given a warning or anything. HR said I "hurt peoples feelings", but I don't see how. Myspace is suppose to be a personal network. I wasn't using myspace at work or anything... it was all done from home. And again, I didn't use any names.

I think in part I was fired for leaving my friends comments on my page. The pictures. But how am I being held responsible for what she did?

There was an incident a while ago where another girl wrote something about a guy we work with on myspace and he took it to HR and they said it was an "outside related thing" and there wasn't anything they could do about it. Plus we had a manager who was blogging about people working there and they told him he just needed to set his page to private.

Thoughts?!?!?!?!


Carly,

I can absolutely see the possibility of what happened as being perceived as creating a hostile work environment for the subject(s). I doubt the pictures would have caused you to be fired (unless you've left pertinent details out) I think it was your comments about the pictures. In fact, it was your comment on your co-worker's page about "cane" that makes me want to ask if possibly one of the pictures was of a person with a disability???? Older than you????? What prompted such a remark?


The pictures and comment were about co-workers, not people with no relationship to your job. I'll bet co-worker other than you and the photographer were aware of what was going on.

I can go on and on about employers who fail to act when someone is be discriminated against, harassed, or simply the recipient of mean spirited treatment.

I do not think a person should have to tolerate any of this in order to earn a damn living.

Can Myspace or any other social networking site be used to such an end? I say yes...emphatically.

Responsible employers must protect themselves from liabilities. If there is an issue such as a disability or age with the person you made the unkind remark about, the real exposure for the employer is not you getting unemployment benefits, but the possibility of the harassed person filing an EEOC complaint and then suing them because they did not take any action to remedy the situation.

I do not believe that employers should screen prospective employees by checking out social networking profiles. I do believe our right to free speech should not be infringed upon..no matter how we choose to express it.

But with rights comes personal responsibility.



Will you get unemployment? Maybe. You touched on why in your last paragraph. What about the photographer...Are they still working there??