Times have changed with Facebook, Twitter, etc., and how employers and employees

Question

Times have changed with Facebook, Twitter, etc., and how employers and employees use the information on such services. Below is a case involving Facebook: Respondent, Hispanics United of Buffalo, Inc. (HUB) is a not-for-profit corporation which renders social services to its economically disadvantaged clients. HUB’s Executive Director Lourdes Iglesias terminated the employment of Carlos, Mariana, Ludimar, Damicela and Yaritza on October 12, 2010. HUB hired Lydia in May 2010 as a domestic violence (DV) Advocate. Lydia and Mariana communicated very often, normally by sending each other text messages. In these messages Lydia was often critical about the job performance of other HUB employees. Several others of the fired employees also had conversations or text message exchanges with Lydia, in which Lydia criticized HUB employees October 9: Lydia told Maria that she was going to raise these concerns with Respondent's Executive Director, Lourdes Iglesias.

October 9, 2010 at 10:14 a.m., Mariana Cole-Rivera posted the following Message on her Facebook page from her home: Lydia Cruz, a coworker feels that we don’t help our clients enough at HUB I about had it! My fellow coworkers how do u feel?

The following employees responded by posting comments on Cole-Rivera's Facebook page:

At 10:19, Damicela posted the following response: What the f. .. Try doing my job I have 5 programs At 10:26,

Ludimar (Ludahy) posted: What the Hell, we don't have a life as is, What else can we do???

At 11: 11, Yaritza posted: Tell her to come do mt [my] fucking job n c if I don't do enough, this is just dum At 11:41,

Carlos posted: I think we should give our paychecks to our clients so they can "pay" the rent, also we can take them to their Dr's appts, and served as translators (oh! We do that). Also we can clean their houses, we can go to DSS for them and we can run all their errands and they can spend their day in their house watching tv, and also we can go to do their grocery shop and organized the food in their house pantries ... (insert sarcasm here now)

Mariana posted again at 11:45: Lol. I know! I think it is difficult for someone that its not at HUB 24-7 to really grasp and understand what we do ..I will give her that. Clients will complain especially when they ask for services we don't provide, like washer, dryers stove and refrigerators, I'm proud to work at HUB and you are all my family and I see what you do and yes, some things may fall thru the cracks, but we are all human :) love ya guys

Nannette Dorrios, a member of the Board of Directors at HUB posted at 12:10: Who is Lydia Cruz?

Mariana at 12:12 responded to Dorrios by the following post: She's from the dv program works at the FJC [Family Justice Center] at hub once a week. ,

Jessica Rivera, the Secretary to HUD Director Iglesias, posted at 1:10 p.m. Is it not overwhelming enough over there?

At 2:27 Lydia posted: Marianna stop with ur lies about me. I'll b at HUB Tuesday..

Marianna responded at 2:56: Lies? Ok. In any case Lydia, Magalie [Lomax, HUB'S Business Manager] is inviting us over to her house today after 6:00 pm and wanted to invite you but does not have your number i'll inbox you her phone number if you wish.

Carlos posted at 10:30 p.m. Bueno el martes llevo el pop corn [Good, Tuesday, I'll bring the popcorn].

Saturday, October 9, was not a work day for any of HUB's employees. None of the fired employees used HUB’s computers in making these Facebook posts. Lydia complained to HUB Executive Director Lourdes Iglesias about the Facebook posts. After the postings, Lydia suffered a heart attack. On October 12, Lourdes Iglesias met individually with five of the employees who had made the Facebook posts on October 9 and fired each one of them. She told them that the posts constituted bullying and harassment and violated HUB's policy on harassment. "Section 8(a)(1) of the FLSA provides that it is an unfair labor practice to interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section 7. Section 7 provides that, "employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing,and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."

ISSUE: Can these employees be fired?

Explanation / Answer

Yes, These employees can be fired. If they have violated company's policy on Harassment, then it is obvious to do so.

No one has rights to such kind of bullying and harassing co-worker on a social media platform. Social media like Facebook, twitter etc are accessed by everyone. If someone is bullying or harassing their co-worker by office work then it's unethical also. certainly not permitted by HUB's policy.

By posting such information, knowing -unknowingly you are giving chance to everyone to know about your company's proprietary information. You are not only sacrificing company's secrecy but also everyone understands that there is no teamwork/team spirit in the company.

A competitor can take advantage of such situation by giving a counter offer to an employee who's being harassed.

If anyone violates COmpany policy then they can be fired.

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