Sunday, May 10, 2020

Complain about Your Job On Facebook and NOT get Fired

Case #2: Go Beyond FacebookOn November 9, 2009, in New Haven, Conn., an EMT posted that her supervisor was a “dick” after he sided with a patient’s husband who had complained about her. The supervisor threatened disciplinary action over the Facebook post and asked her to fill out an incident report. The EMT asked for a union representative but was refused.The NLRB sided with the EMT, stating that her Facebook comments were protected because they did not disrupt work, they were posted after her shift, the name-calling was not accompanied by any threats, and the post was in response to work conditions.The fact that the employee had requested a union representative and had her partner as a witness contributed to her protection. Otherwise, this case may have turned out very differently.Just Don’t Do ItThe bottom line is that it’s simply safer to avoid complaining about your job or employer online. You are not guaranteed protection under the law.It’s possible to sway a judge b y getting Likes, mentioning work conditions, having in-person conversations with co-workers or avoiding threats, but in the heat of the moment, you’ll rarely be considering those small details â€" even if you do understand them. The guidelines here are a great start, but the results will ultimately fall in the hands of a specific judge.Above all, remember that Facebook is a public publishing platform, and anything you say there could get you canned. Look at our Wyoming-bound truck driver. When he couldn’t get in touch with dispatch, he posted that “his company was running off all the good hardworking drivers.” No one liked his comment, nor did he discuss his comment with anyone offline. Again, his mistake was failing to suggest some kind of action to be taken, and not getting documented support for his complaint from other workers.The best advice of all is simple: don’t. If you have a real problem at work, take it up with your manager or with HR, and document each conversa tion. If you’ve already complained and have gotten fired for it, take a look at the NLRB site to see if you might have a case.Have you or someone you know gotten fired for something posted on Facebook? Share your story in the comments below.

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