| Over 100 million people use popular social networking | | | | based upon some other legally protected right, she |
| and microblogging sites such as Facebook and Twitter. | | | | may have made proving her case significantly more |
| Every day members are having so much fun sharing | | | | difficult. An employer typically does not need to explain |
| their personal lives with their fans aka "followers" or | | | | to the employee the reason for termination but it |
| with their "friends", they forget to act carefully and | | | | becomes even more justifiable in this instance based |
| prudently while online. It's easy to lose yourself in the | | | | upon the employee's own admission that she does not |
| moment, such as drinking at a bar. But unlike having | | | | like her work and may not care to perform at a high |
| loose lips at the bar, your words on a social network | | | | level. In the United Kingdom a young woman was fired |
| stay there indefinitely for all to see - and that can | | | | as a result of her Facebook posts. The employer's |
| cause significant problems. The bottom line is that | | | | justification was that she was obviously not of the |
| Twitter, Facebook and other social networks can | | | | right state of mind to perform and her level of |
| cause people to publicly provide "TMI" - Too Much | | | | dissatisfaction and lack of enthusiasm at work caused |
| Information. | | | | low morale. It is difficult for any lawyer to argue against |
| Perhaps the most common question I have seen | | | | this position. |
| asked in legal advice forums is whether a person can | | | | A more egregious case of misconduct occurred |
| lose their job due to a posting on Facebook or Twitter, | | | | where a young man went out drinking one evening |
| usually one that might cast a negative light on the | | | | and called in work to take a sick day the following |
| employer or their job. The answer to this question | | | | morning. He posted a short blurb on his Facebook |
| should be obvious - there is no First Amendment or | | | | page about his prior night's carousing until causing his |
| other legal "right of free speech" to share whatever | | | | own illness and need for a sick day. The human |
| negative opinions you may have about your job and | | | | resources department at this man's workplace |
| still remain employed. | | | | discovered his Facebook post and decided that it |
| A typical example of what I hear includes the following. | | | | would terminate him since sick days were not meant |
| An employee might be bored at work and wants to | | | | to be taken in this manner. Once again, it would be |
| share this thought (like numerous other fleeting | | | | difficult for any lawyer to find fault with the company's |
| thoughts) with her "friends" on Facebook. What she | | | | actions even if a legal right to work existed. |
| might forget is that some of these "friends" might | | | | The bottom line - always think before you share a |
| include her boss, other employees or people in | | | | post on a social network. You should think twice as |
| common with the boss. When the employee reports | | | | long before microblogging on sites like Twitter, where |
| for work the following day, she's told that her services | | | | it's even easier to share something dangerous without |
| are no longer needed and possibly she is told the | | | | thinking. There are likely no legal rights that will protect |
| motivation for her termination. | | | | you from the consequences of your own actions of |
| If the employee had a case against her employer | | | | "speaking" in cyberspace without care. |