Fired over a off hours private Facebook message?

Question

Hi,
I ve recently been fired from 7 year long employement. I ve been pretty much the model employee and worked my way up to management.

A grounds of this being the content of a facebook message off hours to another employee many months ago. This surfaced on HR s desk last week (so I assume) while on vacation. This under their opinion was severe enough to warrant immediate termination. I m quite moral and think at worst a warning should have sufficed.

My question is, is an out of work private message admissible as evidence towards a termination? No other proof other than this message was shown.

I ve spoken to labor law and they would make a complaint and advice the Employer, but I would like advice if I am onto something before I stir the hornets nest.

Thanks!

Answer 1

In a work-at-will state they don't need a reason to fire you.



What ever message you posted that got you fired, I hope you learn to never do that again.



I am currently working for this company for the third time in my career. After being laid off the first time during the "tech wreck" economic crash I joined listed of former employees. Many complained. I just figured the economy killed my job and the company was fine. Clearly someone in the company read that mailing list because none of the complainers came back but here I am. Also notice the interviewing process goes both ways - The company had to treat me well enough for me to want to go back. I'm not pissed at being laid off during the worst economy my industry ever saw and they have treated me well at work. So I'm back. I'm betting you won't be back at that company. Plenty of other companies in the world.

Answer 2

Was it sent from a private device or a company computer/phone? Was it sent through your own internet provider or the company's server? Was the message to the other employee in any way harassing, racist, threatening, etc?

Without knowing what the message said and how it was sent, nobody can say if the company was justified or not

But harassment of another employee is harassment. It doesn't matter if it takes place outside of work hours, if it's from your own personal phone, etc

I know someone who got a huge settlement from a major company after her boss sent her sexual messages to her Facebook account from his personal account from his own phone - not company property or company server. But since she worked in his department, he was found guilty of sexual harassment and she won a large financial settlement

Answer 3

You should contact the National Labor Relations Board. They are the one who protects your right to form, join, decertify, or assist a labor organization, and to bargain collectively through representatives of your own choosing, or to refrain from such activities. Employees may also join together to improve terms and conditions of employment without a union.

Answer 4

People have to be very careful what they put on social media. Many prospective employers review a person's posts as part of their background checks. I know lots of people that failed to gain employment over this. I some others who have been fired because of it too. Keep your comments to yourself.

Answer 5

There's no "admissible" about it. Yes they can fire you and did. You can try applying for unemployment, but might be turned down.

Answer 6

They need no evidence to terminate you. You can be fired at any time for any reason.

Answer 7

Without knowing what was in the message there is no way to answer.