This is beginning to come to a head, and so far the legalities are obscure.
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Facebook gaffes that can cause trouble in the workplace aren't unique to drunken college students any more. As more companies�and their workers�tap into the world of blogs, Twitter and Facebook, employers are tripping over legal potholes in social media.
Next week, for example, a National Labor Relations Board judge will consider whether a medical-transportation company illegally fired a worker after she criticizing her boss on Facebook, in the federal agency's first complaint linked to social media.
There are other examples:
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Cisco Systems Inc., for example, has been sued twice for comments an anonymous blogger (who was at the time a Cisco attorney) made about two Texas lawyers and their patent-infringement suit against Cisco. Both suits were resolved�one in 2009 after the trial began, and the other in 2010 before the issue got to court�but the terms of the settlements weren't revealed. Cisco declined to comment.
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In Georgia, meanwhile, former high school teacher Ashley Payne sued the local school district in the Superior Court of Barrow County, claiming she was essentially forced to resign over Facebook photos that showed her drinking alcohol during a European vacation, said her attorney, Richard J. Storrs.
I realize that each and every case must be treated differently; however, I feel that in general, if you foolishly make personal, private and potentially damaging information available to the general public, you should be aware of the possible consequences. If you're going to keep your 'wall' (or whatever it's called) open for everyone to see, and you're going to post about your latest drugfest or your malicious opinions of people in your life, you'd better be ready for the results.
Thoughts?
|||Don't use facebook and you don't have to put up with this.
Easy.
Or just don't post private content to the internet and you're also fine.|||What Nem said. I'm paranoid enough with what I say in email, I wouldn't post on facebook something that I didn't want others to pass around.
If you want to say bad things to someone about someone else, do it in person... no records.
Or better yet, don't do it at all.|||Just watch your privacy settings and don't be tagged in embarrassing situations. Facebook is a useful tool, but is often misused. (or overused)|||I'm actually inclined to side with the plaintiffs here. A facebook page may be open to the public, but only if someone seeks it out. Why should people have to carefully make everything private to avoid censure by their employers? What they do in their free time is just that: theirs. If it doesn't affect the company's business then it's none of theirs.|||Say I am a wonderful employee, I do the job I am asked to do exceptionally, I'm never late, and I don't complain about any tasks given to me. Yet, my employer decides they want to see what I do when I'm not at work, then they turn around and fire me for it, even though it has NOTHING to do with work. That is just wrong.
I don't think employers should be using social media to help them make decisions. Period. IMO, it's not right. They should not be making decisions about employees based upon what said employees do outside of work.
But, since I don't see stuff like this stopping any time soon, people will just have to be aware of what they put on their stuff. That's all there is to it.
I dunno, we live in a world where you have to be paranoid about every little thing. No one should have to worry about losing their job because a few pictures of them drunk from the kickin' party last night. Any more it's "Is Big Brother watching me?" and "Is my employer watching me?".|||Quote:
Or just don't post private content to the internet and you're also fine.
That, more than your first line.
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Why should people have to carefully make everything private to avoid censure by their employers? What they do in their free time is just that: theirs. If it doesn't affect the company's business then it's none of theirs.
Yeah, but you wouldn't write the same criticism on the front door of your apartment. The boss won't see it unless (s)he comes around to your place just like Facebook, but it's still open to the world (or at least rest of the apartment and their guests) just like Facebook walls. I'm not trying to say it's right for the boss to stalk you around in case you do write criticisms on your front door, but it's never impossible for the boss to be invited by your neighbor and walk in front of your apartment.
If you are going to talk about someone behind their back, at least make sure they can't hear you that easily.|||I think I'd avoid writing things on the front door of my apartment because I want my security deposit back, and it isn't a very effective way of communicating with my social circle.
Facebook, however, is. Leaving your junk out for anyone to sniff isn't the greatest idea, but employers definitely shouldn't be able to make workplace decisions about things you do off the clock (aside from the obvious illegal thingies that anyone would fire you for because, well, they're illegal).|||Quote:
I realize that each and every case must be treated differently; however, I feel that in general, if you foolishly make personal, private and potentially damaging information available to the general public, you should be aware of the possible consequences. If you're going to keep your 'wall' (or whatever it's called) open for everyone to see, and you're going to post about your latest drugfest or your malicious opinions of people in your life, you'd better be ready for the results.
Don't tell the world what you don't want the world to know. If you're calling in sick, don't put pictures of yourself on the beach on twitter, facebook, hyves or any other social media.
But, being fired because you're critical about your company is always touchy. If you say, I don't like my job because my boss is stupid, or you have a silly picture of yourself out there, I'd say: who cares. But once you start talking about company policies or internal cases (such as that Cisco case), I'd say they have probably violated their contract.|||Quote:
Yeah, but you wouldn't write the same criticism on the front door of your apartment.
Sure, but that's because posting on my front door isn't a very effective way to chat with my friends. If it were, and there was a time when it was, then actually I probably would. If I said something nasty about my boss on it, then too bad for him. As long as I'm not on company time my words are my own.
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