Comments on: Why Your Boss Should Be Able to Fire You Over Facebook

By: Elsie

Elsie — Thu, 27 Jan 2011 16:43:24 +0000

Maybe I'm just living in a corporate bubble — but do other companies not have social media rules? We are locked down on our workstations so we can't access social media, but if we are caught defaming the company through social media in any way on our own time (or even saying "here's a product that's really cool that's coming out next week!") we can be fired. Its in black and white.

By: Anonymous

Anonymous — Wed, 26 Jan 2011 06:58:30 +0000

I think it should be possible to address those concerns. The following precautions should be sufficient

- Always blog from a public WiFi spot

- Use a machine dedicated exclusively to the task to do so. A cheap netbook or second hand portable will work nicely

- Use multiple WiFi spots, centered on your boss' home

- Pay cash for both the computer, and anything related to hotspot usage (e.g. a latte at Starbucks)

- Always wait a few days before posting about an event

- Make sure timings are plausible. The easiest way to do so would be to make sure that your boss leaves work before you do

- Don't get carried away. Remember George Joseph Smith

That should cover most questions which might arise as to the identity of the blogger.

By: Mike

Mike — Tue, 25 Jan 2011 18:40:58 +0000

@AEHRD Thanks for the clarification!

@Anon 3:25:

I know this was in jest, but this raises a serious issue: how does a company know that the person who is posting on the internet who they say they are? It's easier on Facebook, but there are plenty of false accounts, especially if someone isn't already a member.

What happens when someone is fired (and it will happen eventually I'm sure) because someone else was posting under their name or management was confused about who was making the post in the first place?

By: Anonymous

Anonymous — Tue, 25 Jan 2011 14:25:08 +0000

So, the moral of the story is: when you blog, do so 'on behalf' of your boss, writing about his boss....

By: Another Evil HR Director

Another Evil HR Director — Tue, 25 Jan 2011 02:19:54 +0000

@Mike: No. Sorry, I should have expanded on that comment. I was referring to people who think they are owed a job, regardless of whether they come to work on a regular basis, or perform any work when they do show up (just one example).

By: Mike

Mike — Mon, 24 Jan 2011 14:50:55 +0000

Ms. Lucas -

It's easy to make the post you do when you're dealing with a normal company that follows reasonable rules and policies.

For a time my significant other worked at a place where it was expected that supervisors be friended in facebook. And if they sensed you were locking them out of your posts, they would talk to you about the issue.

So not only could she not use her account as she wanted, none of her friends could either for fear of upsetting her bosses.

But hey, the magic of easy firing, right? Absolutely trivial to find a new job, right?

@ Another Evil HR Director -

Are you real? You find people "entitled" when they have an opinion you don't like? Really?

By: Another Evil HR Director

Another Evil HR Director — Sun, 23 Jan 2011 16:30:10 +0000

As an HR Director, I am constantly faced with inappropriate use of facebook on company time; derogatory comments about supervisors or the company. There is a fine line as to when someone should be fired over those comments, but the ability to do so needs to be protected. In this entitlement-minded society, people need to know they cannot do whatever they want, whenever they want, without some consequence.

By: Suzanne Lucas

Suzanne Lucas — Sun, 23 Jan 2011 05:43:13 +0000

Anon–You're right and i'm wrong. THe NLRB does handle some non-union things. Oops. Typing faster than my brain can recall.

But, I'm pretty sure this is a union case. If I'm wrong, let me know. I read this as part of the problem: "illegally denied union representation to the employee during an investigatory interview, and maintained and enforced an overly broad blogging and internet posting policy."

http://www.ctemploymentlawblog.com/2010/11/articles/hr-issues/nlrb-alleges-that-connecticut-company-illegally-fired-employee-over-comments-on-facebook/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ConnecticutEmploymentLawBlog+%28Connecticut+Employment+Law+Blog%29

By: fposte

fposte — Sat, 22 Jan 2011 15:50:00 +0000

Anon 3:48--she herself does seem to have been a Teamster, but you're right that the NLRB and legal discussants seem pretty clear that this isn't about a violation of a CLB but, as you say, a violation of labor law that applies to all employees, unionized or not.

Of course, EHRL is arguing that you *should* be able to be fired, not necessarily that you *can* be fired, but I think it's a good point to note that right now you do risk the possibility of breaching federal law for doing so, depending on the circumstances.

By: Anonymous

Anonymous — Sat, 22 Jan 2011 14:48:34 +0000

you have an error in your linked article. The NLRA protects ALL employees, not just union ones, from retaliation for certain "concerted activities" among which is discussing work conditions, pay, etc.

I think the widely reported NLRB case in question is actually a non-union employee.

The same law is the one that prohibits company rules like "thou shalt not discuss your salary".