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Fired because of Facebook!!!

I worked for a company for two years. I posted on Facebook "Heading off to hell, hope Satan isn't working today."...or..."I can't believe people really can't add and subtract WTF"... and then commenting on a friend (also ex-employee) that she "needed to contact "bob" soon and "bob" would be there on Monday."

I was told that postings on Social networking sites were against company policy and with recent complaint from a customer (the day before they fired me a customer complained about something I did over a month ago and lied about what was said and done. And it was on video which they never bothered to look at.) my services were no longer needed and to turn in my keys.

Can I collect unemployment because of this?? I didn't mention what the job was, who it referred to, what the reason was or anything else on facebook. They said it was portraying the company negatively. The person that reported the FB post was a coworker who was pissed at me for something I still don't know what. And the girl that complained is the coworkers cousin.

I never signed anything saying I wouldn't have a fb page. I was never provided a copy of the policies however they were on the intranet. One time they sent an email telling us that if we see something negative about woodforest to not comment on it and turn it in to the MGT team. I didn't say the job SUCKED or the company Sucked... my asst manager was a jerk and everyone knew it.

Hi,

Misconduct must be related to the work.

Also, when we accept a job, one of the obligations we owe to an employer that pays us, is to not "harm their interests", but to do our work in their best interest.

So, I do not think an employer can reasonably have a policy that demands an employee not have a

facebook page, but they can reasonably fire an employee without out much fear if an employee posts something detrimental which can be reasoned to of caused harm to their best interest .. even on your own FB page.

Mostly, I would say companies have good cause to be worried about their public image especially if they behave like little dictators who think of employees as basically, indentured servants with no rights of their own.

I can tell you that if it's just the facebook posts being cited as the final incident and a post is the good cause for a discharge which still must be proven to be work related misconduct . I would begin with investigating if the post can be argued as not misconduct .. because you said that you did not personally identify anyone or anything.

In the future, all at-will employees need to keep misconduct in mind when posting on personal social media pages about their job and pause a moment and use a touch more discretion about what they post about their job .. at least if their job as living, is a necessary thing they need to protect.

Posts on social networks are like climbing on top of your roof and yelling to those in your immediate vicinity.

But, like sound, even social post can carry uphill, meaning anyone who can see the post can share it with their circle.

You're not the first fired for somethiing they wrote on their facebook wall and you won't be the last.

Even Unemployment-Tips.com has a facebook page, but I still try to keep that page, separate from my personal page for the primary reason .. I have a lot of "conservative family" and I don't want any of them to get their panties in a twist and forget why they love me .. because after all .. I'm really just a wannabe kumbaya kinda of gal .. with an attitude:)

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Sounds correct .. I mean the ruling by Nebraska Unemployment to me
by: Chris - Unemployment-Tips.com

To remain objective to how this form of administrative law should be dispensed, the finding for benefits does sound correct to me because political, or personal beliefs are not inherently connected to the work, until there is evidence of how they affected the best interest of an employer.

However, I clearly see and feel the pain for the flip side, that lacked merit for an unemployment argument to not pay benefits, in that an at-will employer, not needing any good cause to discharge an individual felt there might be an even bigger financial risk arising from your political and personal beliefs while you were at work at some point than the risk you nowe pose if your discrimination case works.

Those views of yours are really what present the risk of financial liability to the company should something you believe in .. on Facebook, cross over into the workplace to cause harm to one of those employees, due to recent Supreme Court opinions might cause them to file their own discrimination complaint based on something related to you violating the employee rights of a protected class, or protected activity.

Are you at liberty to share the basis for your discrimination charge?

I realize it is another employment matter altogether from whether unemployment benefits are allowed, or not.

But there is also a potential issue that varies state by state with a legal concept called collateral estoppel. And that can change the purpose of even an unemployment hearing in some states from benefits .. to getting free discovery for a claimant's attorney.

But then, my views are that of a non-attorney who coordinated UI appeal hearings.

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fired from olive garden for facebook..denied unemployment benefits , but reversed decsion on appeal
by: ronald longson

I was let go from olive garden recently because I posted a meme that said 'mr trump build that wall", and in addition, I do not support transgender bathrooms.....

They told me in my exit interview i was 'racist and 'homo phobic'...and that violated company "core beliefs"......unemployment in Nebraska ruled the employer did not prove my comments affected my performance..

My facebook page is private and they had no cause for dismissal based on this.....I now collect unemployment benefits and have a pending discrimination claim against olive garden and their parent company DARDEN RESTAURANTS.....my advice to all...KEEP FIGHTING!!

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To: OMG (feeling one of those coming on myself)
by: Unemployment-Tips.com

Claim yes.

Collect? Questionable, since I really know nothing about details or grievances you statedin the beginning.. or who was actually the moving party.

I'm just guessing, but I would think even the unemployment department will first have to unclutter your story to determine whether you quit, or got fired first.

And frankly, forcing the UI dept. to unclutter a story, is never on my agenda, especially when I can help.. because again and again, I've repeated why one needs to understand their issues. It how you put on the best quasi-legal argument possible when trying to collect unemployment during the initial adjudication phase and the full fact finder aka, the first unemployment appeal hearing.

Coaching, representation anyone?

Otherwise .. find a Maryland Unemployment interpretive digest you can use yourself.

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Omg
by: Anonymous

Hi I had been just got a teacher position at a school for the last 5 months .the director there treated me horrible and never paid me the full 88 hours he promised me.I had paid out of pocket for training and classes the whole summer to become head teacher.upon me becoming head teacher I had spoke with the assistant director asking for more money since I had experience for over five years with children.She said she would have to talk to the boss and seethes 'twas Thursday evening.I told her if he couldn't afford me I would have to find a new job.I had posted on my private Facebook Friday night that I wanted to open my own center!one post !!i never made business cards nor did I talk to anyone about it.I even attended the unpaid training that Saturday!!!That Monday evening why getting off I was fired for conflict of interest!he told me even if I posted it that if I didn't want to make money with him I had to leave!!!i couldn't believe it.I am not starting a business I don't even have a lincense yet.Will I still be able to claim unemployment???i live in the state of md.

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And what happened with unemployment benefits?
by: Chris

You do understand that at-will employers (and most all are) do not have to have good cause, or any cause to fire an employee.

So, since this site is primarily about winning appeals for unemployment benefits .. I'm unclear as to whether you have a question about getting benefits, or if you're just making a commentary about how some employer will use just about anything to justify to themselves, that they did have good cause .. even if it's possibly not up to the standard of law of proving work related misconduct as the cause.

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shared generic picture
by: Anonymous

I was recently terminated for sharing a comic picture on Facebook with a coworker. I was told that the employer saw it on the coworkers page. I explained that it was an old post that I shared cause I thought it was funny. I told them it had nothing to do with my employers at all. They did not care that it was a month old. There was no comment by me at all and it was hidden on my page. I have a private Facebook. The co worker who liked and commented lol had it was on there page that is where it was seen. My co-worker chose not to hide it from their timeline. They did not get disciplined at all.

I am not friends with my employer on Facebook but co-worker was.

The comic stated" I walk into work like this" and in back ground was a child flipping the bird. My employee handbook also states nothing about social media.

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