Is it legal to be turned down for a job based on my personal Facebook page?
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.
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michr |
If you are in the US: |
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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 |
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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. |
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cainvest1 |
Several cases running on this right now. All have so far ruled in favor of the employer. |
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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. |
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Kratos |
Owned lmao! |
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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. |
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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. |
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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. |
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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. |
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jellybeanchick |
Yes, it is legal. |
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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. |
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