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Facebook can cost you your job

Started by Adios, August 27, 2010, 05:58:05 PM

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Doktor Howl

Quote from: Charley Brown on August 27, 2010, 06:22:30 PM
Quote from: Doktor Howl on August 27, 2010, 06:18:31 PM
Quote from: Charley Brown on August 27, 2010, 06:14:59 PM
I guess I am on the other side of this. I like to post political issues on facebook. If an employer has a differing viewpoint them I am either disqualified or fired.

Freedom of speech squished.

It is?  The first amendment only protects you from government punishment for speech, not social consequences.


Symantics?

No, not semantics.  A point of law.
Molon Lube

NWC

Quote from: Doktor Howl on August 27, 2010, 06:14:13 PM
Private page is private.

Public page is PUBLIC.

This sums up the situation perfectly. What is on your public page should be considered equal to what you do in town square. A 'seeing space' (cfr. H. Arendt) is a 'seeing space', even a digital one. People will naturally judge you for what you do in public. In private - whether it be your bedroom or your private page - it's up to you.
PROSECUTORS WILL BE TRANSGRESSICUTED

East Coast Hustle

Quote from: Charley Brown on August 27, 2010, 06:14:59 PM
I guess I am on the other side of this. I like to post political issues on facebook. If an employer has a differing viewpoint them I am either disqualified or fired.

Freedom of speech squished.

unless Congress gets involved, this isn't a first amendment issue. You have the freedom of speech that allows you to create a facebook page. Nothing in the 1st amendment protects you from other people passing judgement about you based on what you say when you exercise your right to free speech.

I mean, I agree that it sucks that you can't post pics of yourself getting trashed at a party without your employer finding it and judging your potential performance as an employee by it, but I don't see any legal argument against it. Just change your facebook settings to preclude such things from happening.
Rabid Colostomy Hole Jammer of the Coming Apocalypse™

The Devil is in the details; God is in the nuance.


Some yahoo yelled at me, saying 'GIVE ME LIBERTY OR GIVE ME DEATH', and I thought, "I'm feeling generous today.  Why not BOTH?"

Thurnez Isa

#18
Maybe it's the old union rep coming out but it comes down to this
If they fire you over something that is not in the contract you sign you have every right to seek legal action.
I don't know how it is the states.
Also in Canada as far as I know it has been established that free speech rights cross over to employment, expect in the cases were there are violations of the company's contract or the company can demonstrate that the exercising of free speech has gone against your ability to perform your job (ie. you can get fired for preaching the gospel to a costumer, or if your teacher and your teaching something outside of the curriculum and doesn't have a basis in that subject)
IE. Teachers in Canada can be fired cause of facebook cause it's in their contract they could be disciplined for acts outside of their work. Although I disagree with this, it's in their contract so when you become a teacher you have to accept that.
Through me the way to the city of woe, Through me the way to everlasting pain, Through me the way among the lost.
Justice moved my maker on high.
Divine power made me, Wisdom supreme, and Primal love.
Before me nothing was but things eternal, and eternal I endure.
Abandon all hope, you who enter here.

Dante

Disco Pickle

Quote from: Charley Brown on August 27, 2010, 06:14:59 PM
I guess I am on the other side of this. I like to post political issues on facebook. If an employer has a differing viewpoint them I am either disqualified or fired.

Freedom of speech squished.

I can't agree that this is a freedom of speech issue, as no one is silencing your opinion. Now,the hiring manager MAY disagree with your view, or your views may conflict with the philosophy of the company culture and effect how well you'll fit in, which I think is a valid consideration since you'll be spending at least 8 hours a day around this person.  Also, if you're that vocal politically on your facebook, whats to say you wont be striking up politically charged conversations in the break room?  I rage whenever someone at work starts giving me their take on the latest hot topic coming out of washington or my state government.  If I wanted to hear and talk about that shit, I'll go to a website or rally or some such shit.  I'm at work to do the companies business.

Also, the way you behave in toto reflects on your company.  You might end up being involved with clients and customers.  Nothing stops THEM from looking you up on facebook and seeing that you're a complete asshat, and the fact that the company they're doing business with would hire someone who doesn't even know how to set their facebook to private reflects on the company.

If credit checks are a valid way to see how someone manages their own finances before you put them in charge of a companies, then what you're stupid enough to put on the internets should be able to be used to determine just how much of a fuckup you could potentially be at your job.
"Events in the past may be roughly divided into those which probably never happened and those which do not matter." --William Ralph Inge

"sometimes someone confesses a sin in order to take credit for it." -- John Von Neumann

NWC

Quote from: Doktor Howl on August 27, 2010, 06:18:31 PM
It is?  The first amendment only protects you from government punishment for speech, not social consequences.

I can't believe I agree with you so much, but yes, yes, yes. This is the same concept as with Dr. Laura when she said "nigger" on the radio while talking to a black woman and making other borderline racist comments, and people got mad at her. She said her constitutional rights were violated, but she's full of shit. People can judge people as they want, it's their constitutional right.
PROSECUTORS WILL BE TRANSGRESSICUTED

Doktor Howl

Quote from: NWC on August 27, 2010, 06:26:28 PM

I can't believe I agree with you so much,

It doesn't wash off, no matter how much you scrub.
Molon Lube

LMNO

Quote from: Charley Brown on August 27, 2010, 06:06:22 PM
Well, from a different viewpoint, what about what you say and do on your own time? Should your employer have the right to monitor your personal life and make job determinations based on it?


YOU ARE NEVER OFF THE COMPANY CLOCK.  YOUR TIME BELONGS TO THE COMPANY.  THOSE FOUND COMPLAINING WILL HAVE THEIR EMPLOYMENT TERMINATED.

THIS IS FOR YOUR OWN GOOD.  TRUST THE COMPANY.

Thurnez Isa

Quote from: NWC on August 27, 2010, 06:26:28 PM
Quote from: Doktor Howl on August 27, 2010, 06:18:31 PM
It is?  The first amendment only protects you from government punishment for speech, not social consequences.

I can't believe I agree with you so much, but yes, yes, yes. This is the same concept as with Dr. Laura when she said "nigger" on the radio while talking to a black woman and making other borderline racist comments, and people got mad at her. She said her constitutional rights were violated, but she's full of shit. People can judge people as they want, it's their constitutional right.

The difference there is advertisers where involved.
Through me the way to the city of woe, Through me the way to everlasting pain, Through me the way among the lost.
Justice moved my maker on high.
Divine power made me, Wisdom supreme, and Primal love.
Before me nothing was but things eternal, and eternal I endure.
Abandon all hope, you who enter here.

Dante

NWC

Quote from: Thurnez Isa on August 27, 2010, 06:28:19 PM
Quote from: NWC on August 27, 2010, 06:26:28 PM
Quote from: Doktor Howl on August 27, 2010, 06:18:31 PM
It is?  The first amendment only protects you from government punishment for speech, not social consequences.

I can't believe I agree with you so much, but yes, yes, yes. This is the same concept as with Dr. Laura when she said "nigger" on the radio while talking to a black woman and making other borderline racist comments, and people got mad at her. She said her constitutional rights were violated, but she's full of shit. People can judge people as they want, it's their constitutional right.

The difference there is advertisers where involved.

The difference is made up by the fact that you represent your employer as someone they deemed worthy to hire.
PROSECUTORS WILL BE TRANSGRESSICUTED

Doktor Howl

Quote from: Doktor Alphapance on August 27, 2010, 06:27:58 PM
Quote from: Charley Brown on August 27, 2010, 06:06:22 PM
Well, from a different viewpoint, what about what you say and do on your own time? Should your employer have the right to monitor your personal life and make job determinations based on it?


YOU ARE NEVER OFF THE COMPANY CLOCK.  YOUR TIME BELONGS TO THE COMPANY.  THOSE FOUND COMPLAINING WILL HAVE THEIR EMPLOYMENT TERMINATED.

THIS IS FOR YOUR OWN GOOD.  TRUST THE COMPANY.

I'm salaried, so yeah.

One of you could shoot me now, if you don't mind.
Molon Lube

Juana

Firstly, you can make it so your facebook page doesn't show up on a search engine, you can also untag yourself from pictures, and you don't even have to use your name. If an employer searches my full name, for example, even on facebook proper I won't show up because I don't use it.

Secondly, I don't approve searching for the name of an applicant. If I party on weekends, but have sterling references and know what the hell I'm doing, then they don't need to know what I do on weekends or my political opinions.

Quote from: Khara on August 27, 2010, 06:04:47 PM
I have to agree with Dok on this one.  We are not allowed access to Facebook, MySpace or any social places like that at work and our owner monitors everyone's pages.  If we are found to mention our workplace or fellow employees or supervisors etc on our page in a negative way we will get fired!

It sucks, but, It's not like it is up for debate in the office.
How do they monitor your pages, Khara?
"I dispose of obsolete meat machines.  Not because I hate them (I do) and not because they deserve it (they do), but because they are in the way and those older ones don't meet emissions codes.  They emit too much.  You don't like them and I don't like them, so spare me the hysteria."

East Coast Hustle

Quote from: Thurnez Isa on August 27, 2010, 06:25:11 PM
Maybe it's the old union rep coming out but it comes down to this
If they fire you over something that is not in the contract you sign you have every right to seek legal action.
I don't know how it is the states.
Also in Canada as far as I know it has been established that free speech rights cross over to employment, expect in the cases there are violations of the companies contract or the company can demonstrate that the exercising of free speech has gone against your ability to perform your job (ie. you can get fired for preaching the gospel to a costumer, or if your teacher and your teaching something outside of the curriculum and doesn't have a basis in that subject)
IE. Teachers in Canada can be fired cause of facebook cause it's in their contract they could be disciplined for acts outside of their work. Although I disagree with this, it's in their contract so when you become a teacher you have to accept that.

most employment in America is "at-will" and no contract is involved. And america's 1st amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. A subsequent court decision found that this right also applies to state and local governmental entities, but not to private parties.
Rabid Colostomy Hole Jammer of the Coming Apocalypse™

The Devil is in the details; God is in the nuance.


Some yahoo yelled at me, saying 'GIVE ME LIBERTY OR GIVE ME DEATH', and I thought, "I'm feeling generous today.  Why not BOTH?"

Adios

Quote from: The Dancing Pickle on August 27, 2010, 06:26:14 PM
Quote from: Charley Brown on August 27, 2010, 06:14:59 PM
I guess I am on the other side of this. I like to post political issues on facebook. If an employer has a differing viewpoint them I am either disqualified or fired.

Freedom of speech squished.

I can't agree that this is a freedom of speech issue, as no one is silencing your opinion. Now,the hiring manager MAY disagree with your view, or your views may conflict with the philosophy of the company culture and effect how well you'll fit in, which I think is a valid consideration since you'll be spending at least 8 hours a day around this person.  Also, if you're that vocal politically on your facebook, whats to say you wont be striking up politically charged conversations in the break room?  I rage whenever someone at work starts giving me their take on the latest hot topic coming out of washington or my state government.  If I wanted to hear and talk about that shit, I'll go to a website or rally or some such shit.  I'm at work to do the companies business.

Also, the way you behave in toto reflects on your company.  You might end up being involved with clients and customers.  Nothing stops THEM from looking you up on facebook and seeing that you're a complete asshat, and the fact that the company they're doing business with would hire someone who doesn't even know how to set their facebook to private reflects on the company.

If credit checks are a valid way to see how someone manages their own finances before you put them in charge of a companies, then what you're stupid enough to put on the internets should be able to be used to determine just how much of a fuckup you could potentially be at your job.

What's to say I will?

See, what this opinion is setting up (to me) is allowing companies to control your private life. As long as, when I am at work, I am doing my job and not causing trouble, then IMO what I do in my offtime is not any business of the company.

Of course there are going to be exceptions. If I said on fb that my company sucked and my boss was a prick, then it may need to be looked at, for instance.

Doktor Howl

I don't use facebook at all.  I get all the stalkers I need, right here at PD.

Upside:  Bosses can't easily find my shit.

Downside:  I don't know how to play farmville.   :lulz:
Molon Lube