Fired for a Facebook Joke … Again
By anthony balderrama on May 27, 2010 in Featured, News, Work/Life
Last week we wrote about a possible new trend where companies require their employees to avoid any online mention of the organization. And before that, we (and everyone else) explained why you need to be careful about your online behavior and how you can keep your reputation professional. Even if you blog or post on Twitter at home, your words are open for everyone — including employers past, present and future — to see.
You know this. We know this. Hopefully everyone on any social media site understands this.
However, a social media misstep in Wisconsin has raised some questions about the definition of acceptable online behavior. According to Courthouse News Service, a police and fire department dispatcher posted a joke about being addicted to illegal and prescription drugs on her Facebook page. After the comment she wrote “ha,” indicating it was a joke. The city didn’t find it funny and fired her, even though her drug test proved she didn’t actually take these substances. A city arbitrator said the city needed to allow her back after a 30-day suspension.
According to the city:
“Making stupid jokes on Facebook where the line between public and private communications is admittedly blurred, calls into question that good judgment and common sense of the grievant and her resulting ability to perform her job.”
The arbitrator acknowledges the dispatcher didn’t use her best judgment, but doesn’t think she should be fired. The city persists that she is damaging to their brand.
Now, we’ve heard of people getting fired for many things. Heck, even the SF Weekly blogpoints out that there’s a Facebook page where people post news stories about employees fired due to bad online behavior. (Granted, a Facebook page exists for everything these days, its mere existence isn’t shocking.) But normally termination comes from obvious blunders, such as divulging confidential information, posting inappropriate pictures or badmouthing the company. But now it’s happening due to jokes that are obviously jokes. Think of it as Getting Fired 2.0.
But it still raises some new questions:
- Would this issue even be in question if it was directed at a person via an offensive comment? After all, offensive jokes are obviously jokes, but they’re still unacceptable and lead to noncontroversial firings all the time.
- Will this situation affect how you behave online, even on your own time?
- Could employees and employers avoid these situations if they started using the social media contracts we discussed last year? Or do you think that’s just setting everyone up for too many rules and regulations and ruining social media?
Let us know about your thoughts on the situation and if you’ve encountered anything like this.
Michael Sievers | May 27, 2010
This is why I have my Facebook so locked down that hardly anyone can see anything. Only my closest of friends can see my wall posts.
Karen F. | May 27, 2010
While some reasons for firing or suspending an employee can be downright outrageous, what is growing ever more apparent is that the impact your online persona (in a social network) has on your work and your personal life can no longer be considered separate or off limits.
Today’s employers and HR Managers will consider them one and the same; and because your profile(s) are publicly available, they will be subject to scrutiny whether we like it or not…and whether or not we are on the clock. Many people will find this unfair or uncalled for…but the bottom line is that all people have to take responsibility for what they post…even if it is a joke. It’s all fun and games until you find yourself called into your boss’s office about a picture you posted of yourself in Tijuana.
The new rule of thumb for this is: when in doubt, don’t post it. It will probably save you a lot of grief in the future.
Karen F., The Resume Chick (on Google)
Jason S. | May 30, 2010
This is lame. But, this door swings both ways in that Companies are more than welcome to make pages for themselves and post their own stupid jokes on behalf of their employees.
Elizabeth | May 30, 2010
Facebook has always been there to share with your friends and friends of friends , and new friends you make on line. It is where you share jokes ,pictures, thoughts and experiances ,and many people play games. So now your telling me that something I share with my freinds ,a game I my be playing with friends,or a picture I may be showing my friends may get me fired.what happend to freedom of speach. My personal time with people on line should have nothing to do with my employment, they are two differant issuses. Elizabeth
Katie | May 31, 2010
I haven’t ever gotten in trouble for anything on my facebook page (but I also have it as private as possible, with a strict restriction to no work people), but I did get in trouble once for an email I sent, off work hours from my personal account, to a previous co-worker’s personal account (who no longer worked there) that she decided to send to my supervisor. Although I told them I didn’t feel it was any of their business, they apparently thought differently. So beware.
Jason | Jun 21, 2010
Maybe there should be an option for users to require viewers to agree to terms that explicitly states that the viewer cannot not use any information obtained from the viewed profile against that user. This should be supported by Facebook, and even Myspace. It is not as simple as just adding an app to user’s profile, but must also be legally sound. That is where the attorneys come into play.