Any experience with Protected Concerted activities & FB?
Wondering if anyone has been terminated due to a FB post that MAY fall under protected concerted activities. I was recently fired over a post (on a co-worker'so thread, not mine). We were discussing work expectations on our own time. One of my comments had to do with them only caring about their bottom line. That was what got me fired. The company's name was never mentioned & the post was deleted by the author later the same day. Someone copied it though & turned it in to HR. Several other employees also commented, but no one else was fired, just me. I'm still really upset about it & did apologize, but that fell on deaf ears. I've now had to take another job for less $$$ just to make ends meet. Could really use some advice on if I have any legal recourse or if I just learned a really hard lesson :( Please be nice!!!! I'm being hard enough on myself! Thanks
You got caught some one did not like you
Hi Jaime, Sorry to hear about you recent work experience. You're asking a monumental question. I've read about instances where a group of employee's that were fired for posting youtube videos to demonstrate workplace OSHA safety compliance violations but sued and got their jobs back. What you posted isn't outrageously bad to disqualify for protection. Is there a company policy on facebook usage in the employee handbook. Also, if you were all communicating on the workplace conditions why wasn't everyone fired. I think it's worth making an informal inquiry with a local legal resource to check is you have legitimate means for recourse. This could have happened to anyone Jamie so try not to be too hard on yourself.
That's a tough break Jamie. You should check with a lawyer if you feel that you were targeted but check your offer or contract letter for an at will employment clause. It should read something like this "If employed, I understand that I have been hired at the will of the employer and my employment may be terminated at any time, with or without cause and with or without notice." At will employment gives companies a broad scope of reason to terminate employment. If you come across a similar statement, follow-up, but don't spent too much time pursing recourse. Best to forgive yourself and put this under your belt as a learning experience then move on. Take the lower paying job for now as a means to en end until you find better opportunity. Take Good Care