View Full Version : Can you get sacked for comments on facebook?


tomhill
11-02-2011, 15:41
hi im just wondering if its legal to get sacked about comments made on facebook ?? any help please

splodgeyAl
11-02-2011, 15:43
Yes. If you've brought the company into disrepute

Grandad.Malky
11-02-2011, 15:46
Just google it there are loads of them

Teenage office worker sacked for moaning on Facebook about her 'totally boring' job

Read more: http://www.dailymail.co.uk/news/article-1155971/Teenage-office-worker-sacked-moaning-Facebook-totally-boring-job.html#ixzz1DfZthYuk

steveroberts
12-02-2011, 10:04
And quite rightly too.

damo
12-02-2011, 15:04
And quite rightly too.

I disagree.

Most people have been in a pub or wherever and have said they've had a crap week/day at work etc should they be sacked as well?

It's basically the same thing.

missybabyboo
12-02-2011, 15:07
was a lady a while ago worked in a care home and made comments on facebook about the residence that were not very nice she got the sack!

andyofborg
12-02-2011, 16:54
I disagree.

Most people have been in a pub or wherever and have said they've had a crap week/day at work etc should they be sacked as well?

It's basically the same thing.

no its not, a comment in a pub is to a handfull of people who will forget it, a comment on facebook can be seen by millions and will exist forever.

steveroberts
12-02-2011, 18:40
Andyofborg, Exactly!

damo
12-02-2011, 19:12
no its not, a comment in a pub is to a handfull of people who will forget it, a comment on facebook can be seen by millions and will exist forever.

No it's not

If you have your settings correct then only your friends can see it and therefore the situation is the same as it would be in a pub.

indizine
12-02-2011, 19:23
What if you have it set to friends, but an alleged 'friend' drops them in it by showing them the comments or doing a screengrab? Would it be still taken into account?

With under 12 minths (and soon to be 2 years) employment, they can sack you as unsuitable anyway. After that period of time, you'd maybe (I dont know the Law on this) have to prove it was a private friends setting and not public.

If you threw a sickie and put on FB that you were actually at the seaside for the day, and a 'friend' on the list showed it to your boss on their FB account, then this would be seen as misconduct and a disciplinary could ensue as it was proven to show you lied.

Its not the same as it being just an opinion. I think in that case, you could be looking at a warning if what you said wasnt so bad ie 'im bored at this place', but not a dismissal as its not an example of gross misconduct. However if your opinion on FB was that the boss was a murdering so and so who robbed a bank in 1983 and it was all lies, then that would be, I imagine, a sackable comment!

Karis
12-02-2011, 19:24
No it's not

If you have your settings correct then only your friends can see it and therefore the situation is the same as it would be in a pub.

It's really not the same. But generally slagging off a company online where there's a trace is never a good idea - even if it's only your friends who see it.

february
12-02-2011, 22:04
It's never a good idea to write anything bad on paper, Fb etc, you never know who's hands it will reach.
Care workers are bound by the confidentiality agreement with their employer, NOT to disclose any private information to others unless the resident agrees to this.

Pink2Bubble
13-02-2011, 00:50
Its wrong to sack anyone for comments on facebook IN MY OPINION unless they are breaking confidentiality laws in which they are bound by in their line of work.

If somebody says they are bored with work, their job is rubbish, they hate their job etc that is up to them. I know many people who regularly do this, if somebody has the time to create false ID's on facebook in management for a company then they have too much time on their hands and probably only a matter of time before they have no job as surely this would be desperate measures to keep someone in employment. Also, should they be using facebook in work time? LOL

If somebody went to 'grass' on a colleague, should it be taken seriously for saying they hate their job? No. Get a life!!

Will companies use it? If it suits them then yes! Any excuse at the moment with redundancies in most sectors and jobs now having high staff turnovers lowering wages.

Saying, for example Person A works at Tesco and says 'I hate my job' and gets sacked for it, then would Person B who puts on their status 'I hate tescos' be chased by lawyers even though they dont work there but still slating tesco? No. (I am using tesco only as an example and do not work there or hate the place!lol)

To have a go about a manager would be stupid, enemy for your time in employment there if they found out. But if you are not their friend and they found out, someone would need a good 'talking too'!

This is all going way too out of hand, if they are doing their job well, why sack someone for comments saying they didnt like it? Obviously never put on FB that you thrown a sickie and are off to pub!!PMSL

Karis
13-02-2011, 09:21
If somebody says they are bored with work, their job is rubbish, they hate their job etc that is up to them.

And, equally, it's up to an employer to dismiss them for their words.

You can't have it both ways.

Bitching about your employer online is really incredibly unprofessional. You might want to have a good moan to your friends in the real world, but openly making comments online is simply asking for trouble.

indizine
13-02-2011, 09:44
I think its worth pointing out the bored admin girl was only their a week wasn't she? So they could dismiss her anyway, including usiing the FB reason, however if she'd been there more than a year it would have not been a dismissal just for saying they are bored. They would have had to take another route.

ricgem2002
13-02-2011, 10:04
why do people volunteer information on sites like fb etc then moan about the outcome of what they have said :huh:you see adverts on tv telling people that when they go on holiday make sure that the house looks like someone is still in,then people openly telling would be burglars that they are going on holiday. no wonder insurance companies are looking into this and could refrain from paying out on claims :huh:

swfc969696
13-02-2011, 10:08
i think its because it is written etc like on fb so can be printed off etc and used as evidence
but if verbal its a case of prove it.

Karis
13-02-2011, 12:06
I think its worth pointing out the bored admin girl was only their a week wasn't she? So they could dismiss her anyway, including usiing the FB reason, however if she'd been there more than a year it would have not been a dismissal just for saying they are bored. They would have had to take another route.

Absolutely. There's a huge difference between saying you are bored at work and slagging off a company or taking pot shots at your boss or colleagues.

HeadingNorth
13-02-2011, 12:18
It's really not the same.

Theoretically, it is exactly the same. Theoretically, you can be fired for bringing your company into disrepute during a pub conversation - it's just harder to prove that you did. On Facebook, it's very easy to prove.

indizine
13-02-2011, 12:26
I think that's what Karis meant by 'its not the same' - because it can rarely be proven whereas anything in writing by the author, can be.

rubydazzler
13-02-2011, 12:27
no its not, a comment in a pub is to a handfull of people who will forget it, a comment on facebook can be seen by millions and will exist forever.Even if you have all the privacy settings to the max? And even if you delete it having thought better of it? Your so-called friends would really have to have it in for you to give your boss their password so s/he could see your comment or do a screen grab?

People who aren't your friends, you can only see their name and possibly a profile pic not their statuses.

ETA: having read further I see I'm not the only one who thinks this.

HeadingNorth
13-02-2011, 12:30
I think that's what Karis meant by 'its not the same' - because it can rarely be proven whereas anything in writing by the author, can be.

If so, then fair enough; but people seem to be suggesting that the cases that do become public shouldn't be acted upon, since if people had their settings sufficiently harsh, they would not have become public.

That's clearly silly. There have been cases of people being fired for "something they said in a pub" - usually because they didn't know who was sitting at the next table and couldn't help but hear them. Bringing your employer into disrepute is always a dismissable offence (subject to appropriate disciplinary rules); whether anyone finds out about it only decides whether it is acted upon - not whether it deserved to be.

indizine
13-02-2011, 12:54
Yes, if you repeat anything to anyone, there is always a chance it could backfire on you. People havea habit of telling someone else 'in confidence' then that person tells another 'in confidence'....until the chain breaks down and it gets out and back to the person (or company in this case) being talked about, either verbally or written. Safest bet is never to repeat anything except those closest to you and never write it down anywhere. However, you canot dismiss someone for being a whistleblower ie if the employee tells someone they suspect the employer is doing something they shouldn't be, such as a criminal offence. Of course, you'd need to have your facts evidenced first!

Karis
13-02-2011, 13:08
Theoretically, it is exactly the same. Theoretically, you can be fired for bringing your company into disrepute during a pub conversation - it's just harder to prove that you did. On Facebook, it's very easy to prove.

No. It's NOT the same. There's a massive difference between saying you are bored and putting a company in disrepute.

Either way, talking about work where pretty much anyone can read it is never a good idea.

I would never say anything negative about work online - you might as well have a target sign on your back!

indizine
13-02-2011, 13:54
Right, you mean saying you are bored and saying something that brings disrepute is different, not the fact it is verbal or written.

Well its irrelevant either way under 12 months employment as you can be dismissed for either on the grounds of just being 'unsuitable'. However after that time, the employer would have to justify to a tribunal what is 'disrepute' as being bored is how they feel about the work they do, its not saying anything bad about the company. A dismissal has to have good grounds. I doubt that an emplyer could say to a tribunal that they read that an employee was bored in their job, so they sacked them after working there 3 years, and get away with it.

Karis
13-02-2011, 14:15
No, I was saying: don't slag off your employer. Ever. Online.

Any employer looking for an excuse to get rid of someone would use any excuse, being bored or something worse.

In terms of severity, though, its light years between a one off bored comment and a slagging off.

ricgem2002
13-02-2011, 19:35
remember these sayings "loose talk costs lives" and " walls have ears":hihi:

staninoodle
13-02-2011, 21:56
A lass on my facebook slammed the carehome she worked in,not content,she went on to slate her elderly residents too,the rubbish she spouted was truely awfull.
Im pretty sure it made the star, and was big news,around 6 or 8 months ago,needless to say,she left her position,and created a new facebook Id

HeadingNorth
14-02-2011, 07:56
No. It's NOT the same. There's a massive difference between saying you are bored and putting a company in disrepute.

That is not what I was talking about, so why are you pretending to disagree with me?

Karis
14-02-2011, 08:05
That is not what I was talking about, so why are you pretending to disagree with me?

Edit: Waste of time posting anything when people react and take things to extremes like this...

/sigh

TJC1
14-02-2011, 11:04
I agree making comments about your employer on facebook could be a sackable offence. The grey area is if you send a private message to a friend on facebook and somehow it got into the public domain- I think you could have a case for not being sacked then.

Either way, its rather silly to discuss your worklife in negative ways with anyone on facebook, it should be used as a social forum, not a place to air your grievances- face to face with someone trusted or talk to your employer are the best channels IMO.

decaff
14-02-2011, 13:48
If you're simply saying stuff like "roll on 5pm" or "roll on the weekend" etc then it's a bit harsh to sack someone and there would probably be a case at a tribunal.

However, if you're making specific reference to disliking your job, or not liking your boss etc then yes it seems perfectly fair and reasonable for your company to sack you.

SJB53
16-02-2011, 17:32
I think so, you have to really try and keep your work and social life separate - unfortunately social networking makes this harder - you should activate all the privacy settings on your facebook account so only friends can see them. This should stop your employers coming across them?

pencil skirt
21-02-2011, 01:43
Completely agree with karis and understand your frustration.......sitting in a pub and slagging off your boss/company to friends is nothing like writing it as your status on facebook where potentially 300 or so 'friends' can see it!

natashajayne
21-02-2011, 20:19
I have a few examples of this: A friend of mine got rejected from a job because of photos on facebook. Another got a disciplinary for making digs about there work place on facebook and another frend of mine has to monitor her facebook as she works within the NHS and gets constant checks on photos status's and comments - Its rediculous really... I see it as an invasion of privacy but then on the other hand if you dont want people to see it dont post it.

I can see both sides of the argument but I kind of feel if in work you do your job well then ur personal life out of work shouldnt effect your working life unless you work with children etc

HeadingNorth
21-02-2011, 20:30
Completely agree with karis and understand your frustration.......sitting in a pub and slagging off your boss/company to friends is nothing like writing it as your status on facebook where potentially 300 or so 'friends' can see it!

Actually it is exactly the same thing; it's bringing your employer into disrepute. Whether or not other people find out about it does not remotely affect the nature of the offence. That only affects whether you're likely to get away with it, not that you have done wrong.

the_bloke
22-02-2011, 20:49
If your contract has clauses about social networking and what you can't say about either your job, colleagues or the copmany you work for, and/or the contract has clauses about lowering the image of the company or bringing the company into disrepute.. then yes.

If it doesn't and you are sacked regardless, then you have grounds to take it to a tribunal tbh.

Fina 16
06-03-2011, 21:21
Its all about confidentiality