Anonymous wrote:

Anonymous wrote:I find the ignorance about common labor law in this thread extremely disturbing. OP, you may have not done anything "wrong," but if you are at-will, you can be fired for any reason, which is why people keep their mouths shut on FB.

Amazing. For a such a "smart" region like DC, such utter ignorance.

Are you a labor lawyer?

Obviously not.

Anonymous wrote:I find the ignorance about common labor law in this thread extremely disturbing. OP, you may have not done anything "wrong," but if you are at-will, you can be fired for any reason, which is why people keep their mouths shut on FB.

Amazing. For a such a "smart" region like DC, such utter ignorance.

Are you a labor lawyer?

Wait, did I miss something? Is OP exempt or non-exempt?

Anonymous wrote:We haven't gotten a raise in almost two years, and when they need someone to work overtime, they don't ask for volunteers, they just schedule you. Among other things. I vented about this on Facebook, and some of the people I work with saw it (some "liked" my post - I'm not alone!), and I guess someone told my boss. I got fired for this! This doesn't seem right, can I be fired for this? Help!

You're pathetic. If you're getting paid OT and work is "unethically" scheduling you for those "mandatory" OT hours, then shut the fuck up and find another job.

Anonymous wrote:The issue of whether an employee may use the internet/FB/social media on work time using work resources is a discrimination analysis. If the employer has a valid social media/internet policy (i.e. cannot use internet for personal use during work time using work resources), and actually enforces said policy, then yes, an employee could be fired for posting on FB during work time. In my experience, it is pretty easy to poke holes in an employer's claim that they have an enforced "no-personal use of internet" policy. The vast majority of us who sit at computers all day are either explicitly permitted-- or essentially allowed-- to use the internet for personal use during the work day. So it's pretty thin for an employer to start enforcing the policy ONLY when an employee is engaged in protected, concerted activity but not when she's using it to pay bills or order stuff on amazon.

This is correct, it depends on what she said. If she said:

"Work sucks because they rip me off for the 80 hours I work per week," then yes, she's likely god a case. But if she's posting.

"My boss is a fucking asshole because he asks me to work off hours without telling me in advance," then screw her. She deserved to be fired.

I find the ignorance about common labor law in this thread extremely disturbing. OP, you may have not done anything "wrong," but if you are at-will, you can be fired for any reason, which is why people keep their mouths shut on FB.

Amazing. For a such a "smart" region like DC, such utter ignorance.

Anonymous wrote:Your employer may have committed an unfair labor practice because you engaged in concerted activity by complaining about a workplace condition (no raise) with your co-workers (as evidenced by the "likes" you got). This protected, concerted activity is protected by the National Labor Relations Act-- regardless of whether you were represented by a union (most people don't realize that the NLRA protects them even if they aren't unionized).

Are you fucking kidding? Do you have any evidence that bitching about not getting an annual raise is equal to "Complaining about a workplace condition" like getting screwed out of OT? WOW! Unreal.

Sorry OP, you fucked up. Time to deal and learn from your experience.

Anonymous wrote:We haven't gotten a raise in almost two years, and when they need someone to work overtime, they don't ask for volunteers, they just schedule you. Among other things. I vented about this on Facebook, and some of the people I work with saw it (some "liked" my post - I'm not alone!), and I guess someone told my boss. I got fired for this! This doesn't seem right, can I be fired for this? Help!

Idiot! How old are you?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:PP, there is at least one NLRB case on the issue of "likes" being concerted (they are, and it's the same as engaging in a conversation).

Yup, that totally makes sense to me. The whole point of "likes" is that you are showing that you _agree_ with the status update! That's the same thing, these days, as if the OP made her statements in the lunchroom and asked for a show of hands for those who agreed with her. Those who raised their hands = "liking" on FB.

Hmmm....I'm just wondering, because I've screwed up on facebook before and by accident, liked something, or sent a friend request. Especially on my iPad, if you hover over something it's pretty sensitive. this wouldn't apply to OP since she blatantly wrote an update, but I'm wondering if someone could argue they didn't mean to like something. Seems like it would be pretty plausible.

Of course. All those "likes" could turn into "unlikes" or explained as accidents. OP will be left standing alone.

Anyone who knows NLRB case law knows this is ludicrous. No ALJ (and certainly not this NLRB) is going to buy that the "likes" were all accidents. Not to mention, there are a couple of recent cases that characterize certain discussions (e.g., about wages) as "inherently concerted" because they go to the heart of one's employment. This effectively removes any requirement that there be any actual concerted activity (not sure what the appellate courts would have to say about this). Additionally, you don't have to actually engage in concerted activity WITH other employees, if you are, by yourself, discussing a truly "group" concern (in other words, if you are saying "we we we" rather than bitching about your own situation).

You obviously misunderstood what I was saying. Who would say that all who liked the post were accidents? I'm talking about, couldn't one individual say they inadvertently hit like and didn't mean to if they were being sued? That is my question. Seems it would be pretty plausible.

OP, I hope you went to the NLRB, as PPs suggested. Many years ago, a colleague was fired for meeting with a group of employees and complaining about the boss. She went to the NLRB and filed a complaint immediately. The company was so horrified and embarrassed that they settled almost immediately. No, she did not get her job back, but she got some money to tide her over until she found another job. And she got a neutral job reference. I was shocked that she knew to do this, and that it worked, but it did. The NLRB is more powerful than you think, and they do protect workers' rights.

I agree that it's stupid to complain about your workplace on FB, but on the other hand, you should not be fired for having a legitimate complaint about workplace conditions. If you simply posted that you are unhappy that you have not received a raise in two years and that you are scheduled for overtime without being consulted first, then I think you have a legitimate complaint. If you pissed all over your employer on FB, then they may have reasonable cause for firing you.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:stay off facebook and twitter and social media unless you have 'fuck you' money or 'fuck you' status.

i.e. that you are so much of a baller that if someone at work gives you shit you can tell them 'fuck you' because you are the eliot ness of that bitch.

why the eye roll? it is true and it is not an old concept.

I think it was the articulate way PP chose to express him/herself, e.g., "you are the eliot ness of that bitch."

Eye roller here. Correct, PP.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:PP, there is at least one NLRB case on the issue of "likes" being concerted (they are, and it's the same as engaging in a conversation).

Yup, that totally makes sense to me. The whole point of "likes" is that you are showing that you _agree_ with the status update! That's the same thing, these days, as if the OP made her statements in the lunchroom and asked for a show of hands for those who agreed with her. Those who raised their hands = "liking" on FB.

Hmmm....I'm just wondering, because I've screwed up on facebook before and by accident, liked something, or sent a friend request. Especially on my iPad, if you hover over something it's pretty sensitive. this wouldn't apply to OP since she blatantly wrote an update, but I'm wondering if someone could argue they didn't mean to like something. Seems like it would be pretty plausible.

Of course. All those "likes" could turn into "unlikes" or explained as accidents. OP will be left standing alone.

Anyone who knows NLRB case law knows this is ludicrous. No ALJ (and certainly not this NLRB) is going to buy that the "likes" were all accidents. Not to mention, there are a couple of recent cases that characterize certain discussions (e.g., about wages) as "inherently concerted" because they go to the heart of one's employment. This effectively removes any requirement that there be any actual concerted activity (not sure what the appellate courts would have to say about this). Additionally, you don't have to actually engage in concerted activity WITH other employees, if you are, by yourself, discussing a truly "group" concern (in other words, if you are saying "we we we" rather than bitching about your own situation).

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm curious about OP's age. At 41, this is a no-brainer for me. Hell, you don't even complain on your work email account.

Probably a millenial.

The Millenials at my job are so by-the-book it is sad. they couldn't bend a rule, much less break one, if their lives and careers depended on it. years of helicopter parenting, I guess.

it is a function of growing up in an environment where mistakes are amplified and never forgotten.

it is tougher and tougher to come back from them or getting second chances.

I don't blame millenials - it is function of the times that shaped their formative years.

PP here. True, I agree. It is unfortunate because sometimes it pays to not be so rigid.

it helps if more organizations really internalized the facebook philosophy of "move fast and break things"

you will see people come out of their shell more.

That's why you do not FB friend co- workers.
Lesson learned

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:stay off facebook and twitter and social media unless you have 'fuck you' money or 'fuck you' status.

i.e. that you are so much of a baller that if someone at work gives you shit you can tell them 'fuck you' because you are the eliot ness of that bitch.

why the eye roll? it is true and it is not an old concept.

I think it was the articulate way PP chose to express him/herself, e.g., "you are the eliot ness of that bitch."