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re: Getting Fired for Facebook Posts

Posted on 12/17/14 at 4:43 pm to
Posted by Paige
Vice President of the OT
Member since Oct 2010
84748 posts
Posted on 12/17/14 at 4:43 pm to
Half sister. We have the same dad
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67589 posts
Posted on 12/17/14 at 4:57 pm to
Oh I thought maybe you and your mom didn't get along
Posted by RBWilliams8
Member since Oct 2009
53417 posts
Posted on 12/17/14 at 5:03 pm to
A company should have a right to its image. This isn't television where a company can say "target does not express the views and opinions of Stacy at register 6" before it happens. This country likes to boycott and I don't feel a company should have to lose business bc a low level employee (or any for that matter) is a racist.
Posted by Dick Leverage
In The HizHouse
Member since Nov 2013
9000 posts
Posted on 12/17/14 at 5:25 pm to
Exactly. If you are fired, you are not eligible for unemployment. What you can do is file anyway and receive the official letter stating that you are not eligible because of being fired for whatever work related explanation your former employer gave as cause for termination.

The only person who should take this first step is someone who feels almost 100% certain that they were fired because of anything other than job performance. Examples would be if you were fired due to politics or if someone had a personal vendetta against you yet gave the reason for firing as being performance related. But you need to be able to prove that you were performing enough to meet or exceed expectations.

After the initial filing(step 1) is responded to with the official denial letter, the terminated former employee is allowed to file an appeal. This appeal is heard , in person, by an appeals officer. Both parties have the opportunity to state their case and can bring any witnesses but no written testimony is permitted. If the appeals officer Denys the claim again, the terminated employee can appeal the appeal by writing a letter and explanation of why they disagree with the hearing officers decision. This letter/argument is reviewed by a Board of Review. In Georgia, that is a 3 person panel appointed by the Govornor. Only evidence and documentation already on file is considered. New evidence is not considered. When it gets to that level, the Board will decide whether or not the hearing officer ruled correctly. Hearing officers decisions are often over turned due mainly to incompetence in understanding that ALL of the burden if proof lies on the employer. They must prove faulty job performance with paperwork, reports and/or witness testimony. The hearing officer in my case several years ago just took the oral testimony of my former boss as truth even though he had zero evidence. I, however, had all of my monthly reports documenting individual performance/goal ratios going back two years. Also had my last two reviews where I had graded higher than anyone in my department. I received the post hearing ruling in the mail and was baffled that she sided with the employer based on oral testimony only. The burden of proof was on him and he brought nothing except his lying arse to the hearing. I brought a folder of documents showing his claims to be false. I just chalked it up to her being an incompetent idiot. She was a mid 20s(if that old) black gal with inch long nails and your typical jobs program govt. employee.

BOR over turned her ridiculous ruling with a quickness and in doing so basically called her a moron with the language they used to admonish her ruling.
Posted by QJenk
Atl, Ga
Member since Jan 2013
15222 posts
Posted on 12/17/14 at 8:54 pm to
I dont know if anyone read all of the tweets that was in reply to the original dumbass idiots post. But it was basically a bunch of people talking about boycotting the company. So the company really did not have a choice in the matter

Oh and I fully believe the idiot was being sarcastic. I dont think he actually intended to start shooting cops, but rather he was talking out the side of his neck... But still, I dont see how he possibly thought this was a good idea
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70851 posts
Posted on 12/17/14 at 9:00 pm to
quote:

My employer regularly sends emails saying that if you are going to have our place of employment listed on our facebook page (or other social media sites) then we can be fired for things that we post on them.

I have no problem with that.


I agree. Unfortunately the NLRB disagrees. I know of a case where a company was forced to remove that policy from the employee handbook by the federal government.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65517 posts
Posted on 12/17/14 at 9:23 pm to
I'll then find something else to fire them for.

Play stupid games, get fired.
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124216 posts
Posted on 12/17/14 at 9:37 pm to
Posted by Macavity92
Member since Dec 2004
5981 posts
Posted on 12/17/14 at 11:28 pm to
If I recall correctly Montana is the only state that has done away with the right of the employer to fire an employee at will ---that is, for a good reason, a bad reason or no reason at all (subject to anti-discrimination laws). Otherwise, outside of a union setting, a private employer can fire you at any time for any reason.
Posted by LSULaw2009
Baton Rouge
Member since Feb 2008
1694 posts
Posted on 12/18/14 at 12:18 am to
quote:

Exactly. If you are fired, you are not eligible for unemployment. What you can do is file anyway and receive the official letter stating that you are not eligible because of being fired for whatever work related explanation your former employer gave as cause for termination. 

The only person who should take this first step is someone who feels almost 100% certain that they were fired because of anything other than job performance. Examples would be if you were fired due to politics or if someone had a personal vendetta against you yet gave the reason for firing as being performance related. But you need to be able to prove that you were performing enough to meet or exceed expectations. 




In Louisiana, an employer pretty much has to prove a terminated employee was fired for intentional or grossly negligent misconduct connected to their employment in order to disqualify the terminated employee from benefits. Just being run of the mill incompetent won't generally be enough for disqualification of benefits.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
17845 posts
Posted on 12/18/14 at 12:39 am to
quote:

Can't get unemployment if you're fired.


Not true.

If a person maintains that he/she did the job to the best of their ability, was not giving warnings about poor job performance and other factors, unemployment benefits can be granted, if not immediately, then by appealing the decision. Work conditions can apply as well, if your superior is a dickhead and it's a bad place to work.
Posted by Speys and Tays
Member since Dec 2014
340 posts
Posted on 12/18/14 at 3:48 am to
My former employer got sued and I noticed some unusual prospective friends showing up on my FB page, turns out they were investigators for law firms. Then we had to agree to not disclose employer info and comings and goings. Understandable, but then the company snitch started in telling on people during personal time for non related activities of no consequence. The scene just got weird and everything had to go through lawyers for approval on almost everything. I knew I was leaving so started posting about swimming in the bosses pool and other utter bs just for grins. Sure enough I'd get calls out of the blue from asking what I was up to or where I was. Facebook is bs and is for amusement only, my friends and I are all professionals who cut up like at a frat house. Means nothing.
Posted by Mrtommorrow1987
Twilight Zone
Member since Feb 2008
13119 posts
Posted on 12/18/14 at 6:07 am to
quote:

quote: Of course he's threatening to sue, his right to free speech was violated, etc.


If you work for a company you are a representative of that company and if you say stupid shite like this yes you can be fired for representing that company poorly. He has every right to free speech which is why he isn't arrested but his company also has every right to can his arse for poor representation of their company.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70851 posts
Posted on 12/18/14 at 6:35 am to
quote:

I'll then find something else to fire them for.

Play stupid games, get fired.


That's how it SHOULD be.

But they'll say the real reason was that they made the Facebook posts or because they were black/white/male/over 40/gay/wouldn't bang their supervisor.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
51344 posts
Posted on 12/18/14 at 6:38 am to
Nordstrum is not just any department store
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