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Home > Careers & Employment > Law & Legal > Is it legal to be turned down for a job based on my personal Facebook page?

Is it legal to be turned down for a job based on my personal Facebook page?

Category: Law & Legal

David ODavid O


I recently applied for a promotion in my company (A large well know retailer) to switch from a selling position to a loss prevention position. Today we sat down and I was told that my application would no longer be considered due to my unprofessional Facebook page. When I asked for specifics my employer said that my job I had put on the page (I put that I was the store manager as a stupid joke) and the foul language underneath it (I wrote "I run that ****!") was the cause. She then explained that LP and all employees are ambassadors for the company 24/7 and that whether I am clocked in or not I need to be professional to avoid besmirching the companies name. She also told me to remove both of those immediately.

I then spoke with our HR representative and asked if this was indeed the companies viewpoint and stand on the matter. She confirmed and informed me that if I didnt take the material down that I would receive an opportunity check and they would decide if it was a good time for me to be let go. (I have this entire conversation caught on tape)

I feel this is a gross breach of my freedom of speech. My views and language should not be used against me when I am not clocked in. While I am I follow company policy and avoid any swearing or anything that could be questionable. However while in MY home and on MY laptop on MY PERSONAL facebook page I should be allowed to say whatever I want to.

My question is do I have any legal recourse against the company for this discrimination? Also what other agencies can I contact for help and/or advice?

Thank you very much.

michr
michr

If you are in the US:

depending on where you are the recording you have very well may be illegal, many states only allow tape recording if all parties involved agree to it. if you are in a state that requires all parties to consent you could face criminal charges....

you obviously do NOT understand the concept of "freedom of speech"

freedom of speech is freedom from government intervention NOT your employers.

you are correct that you can say what you want in your home BUT

Facebook is NOT in your home it is a PUBLIC site....

your only recourse is to file for unemployment if you are terminated, if the employer can NOT prove they had "cause" to terminate you and you meet all the other criteria you may be able to draw unemployment benefits......

so to answer "Is it legal to be turned down for a job based on my personal Facebook page?"

not just yes but HE** YES

My Answers Suck
My Answers Suck

You are entitled to freedom of speech. you arent entitled to a job. the company is allowed to run however they see fit, including keeping employees in check outside of work. if you dont like it find another job

Sharon T
Sharon T

Wake up! You have shown facets of your personality that make you undesirable as an employee. You have the right to post and they have the right to reject.

There are lots of people who are standing in line to replace you. It's your call.

cainvest1
cainvest1

Several cases running on this right now. All have so far ruled in favor of the employer.

I have problems understanding why this is a surprise to you.

If you want to move up, grow up.

Ram
Ram

What r u retarded? of course its perfectly legal, its happened to thousands of other people and there have been several if not dozens of warning on the news and internet detailing you to not upload sensitive or compromising information regarding your job security, or create more private settings. and its also not legal to record random conversations either.

as an employee you represent the company you work for, in this recession it would be sooooooo easy to find anyone willing to work in your position in a snap. Say sorry, it will never happen again, block your facebook from being searched by other people, set risque pictures to private or create a work group with different settings.

Kratos
Kratos

Owned lmao!

Frank Nav
Frank Nav

Put yourself in the companies shoes. If you owned a large well known retailer company, would you want an employee stating a lie about being the manager even as a joke on their Facebook page, available to the public, with "I Run This B*tch" underneath of it? Its funny ill give you that but large companies work hard to keep up a clean image. When you get a job you sign papers agreeing to their rules of conduct. You were probably in violation of it.

I don't understand what theyre doing on your Facebook though. If you hooked them up with your Facebook page then its kind of on you.

You could try apologizing to the hiring manager or whoever and ask for another shot at the position if youre going to take it seriously, if they say no its their loss.

Good luck!

It sounds to me like you should be running that b*tch.

Its not worth it, look elsewhere for the position you are seeking, maybe even shoot a lot higher.

riley712
riley712

I don't know if you have heard but a lot of employers even check their employees' facebook or myspace if they see fit. it's really simple to justify their reason for telling you that. just imagine if it was the other way around. if you saw on your company's newsletter your private matters on blast, would you feel that's just ok because their right to freedom of speech? i would still seek legal advice but stay in that workplace if you haven't found another job. we are in recession so make sure you think of your livelihood first.

good luck!

Anonymousgirl
Anonymousgirl

This is why you should never add anyone you know from work as a facebook friend. The only way anyone could possibly see what's on your fb page is if it's public, or if you've friended someone so they can see everything that's on the page. Other than that, there's no way they could see that. Or, you could just never have to worry about the issue and not use facebook anymore-- I haven't in months and therefore, have nothing to worry about. You've got to be sensible about these sorts of things-- employers should never be friends in any way, evenon facebook.

Judy
Judy

You're wrong. It is NOT violating your freedom of speech. They can't make you take the page down. But they don't have to employ you either if you refuse, or even if you DO take it down, and certainly don't have to promote you. You have the conversation on tape? Well, that isn't going to do anything for you, since they aren't doing anything they don't have a right to do.

You need to look up the definition of discrimination - this is NOT discrimination. You have no legal recourse.

Unless you get over this attitude of yours that you can do whatever you want to and everyone else just has to put up with it, you're going to have a long road ahead - and likely be unemployed, and without getting unemployment.

jellybeanchick
jellybeanchick

Yes, it is legal.

Freedom of speech means that you can say pretty much anything and the GOVERNMENT can't do anything about it. Go back and read the 1st amendment if you are confused on that point.

Your employer can absolutely fire you for comments that put them in a negative light. Your Facebook page isn't personal, apparently. You certainly can be disrespectful to your employer there, but you had better make sure that anything you say is friends only AND that none of the people you work with are your friends. Otherwise, use caution. Just like you wouldn't stand in front of your store with a megaphone saying "Oh yeah, I run this ****," and you wouldn't talk about your employer in a TV or radio interview saying "I run that ****," and you definitely wouldn't say it in front of your boss or the president of the company. So you shouldn't say it in a PUBLIC place such as your public Facebook profile.

Your only recourse is to change your profile or your privacy settings, and hope they don't fire you, because it's doubtful that you would be able to get unemployment. Again, your FB profile isn't just in your personal laptop in your home, it's out there for everyone to see.

zekeangelusdivinos
zekeangelusdivinos

It does sound like a breach of your personal rights, but you have to consider that a lot of companies use social networking sites like Facebook and Myspace nowadays to help their company gain free publicity. While their policies are their own, it is indeed YOUR PERSONAL facebook page and not the company's. Therefor, it sounds as though they have no right to do this.

I suggest you hire a lawyer and get it checked out. Then sue for whatever you can get.


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