FACEBOOK FIRED: TEACHING

STUDENTS TO RECOGNIZE AND

REFLECT UPON THE POTENTIAL

PROFESSIONAL RAMIFICATIONS

OF PERSONAL SOCIAL MEDIA

USAGE

Kimberly O’Connor, J.D

Gordon Schmidt, PhD.,

Indiana University Purdue University Fort Wayne

Social Media• Sites that allow you to share user generated

content with others

• How many of you have a Facebook account?

• Do you set your privacy settings?

• Do you believe that employers should be able to look at your posts/online profiles?

The Statistics on Social Media Use

• 73% of American adults report using social media

• 83% of young adults (ages 18-29) use social media

• 42% of internet users report that they use at least two social media sites, and many report that they visit those sites several times per day

Social Media and Work• 17% of organizations report that they have had

issues with employees’ use of social media. 8% report that they have fired someone.

• In research 6% of participants lost a job or might due to post– but 25% indicated they had a friend who had lost their

job or thought they

• Do you think that First Amendment Freedom of Speech protects all forms of speech, including what is posted online?

• Legal protections might apply, but depend upon the job classification of a worker

EmployeeClassifications

• At – Will - An employee whose

employment is for an indefinite duration and can be hired or fired at the employer’s discretion. Also known as a private sector employee

• Union – A worker whose wages,

hours, and working conditions are negotiated through a collective bargaining agreement

• Public Employees – A

person who is employed in the public sector and whose work is controlled by governmental bodies, whether at the federal, state, or local level

ACTUAL COURT CASES PROVIDE AN

EXCELLENT WAY TO EDUCATE STUDENTS ABOUT SOCIAL

MEDIA

CASES ANSWER THE QUESTION:CAN A PERSON BE LEGALLY FIRED FOR THIS BEHAVIOR?

National Labor Relations Act – “NLRA.” Section 7 of the NLRA gives employees the right to engage in “concerted activities” for their “mutual aid and protection.”

“Protected Concerted Activity” includes two or more employees acting together to address a collective employee concern about work terms or conditions.

Employers cannot take action to restrain such activity.

Design Technology Group, LLC, 359 NLRB No. 96 (April 19, 2013).

• Three employees complainedabout their Supervisor on Facebook.

• Supervisor was informed of posts by another employee who also gave the supervisor access. Employees terminated.

• NLRB held that the employees comments were “protected concerted activity”

• BMW Dealership held a sales

event to introduce a new BMW

design.

• A salesman posted negative

comments, along with pictures

of the event.

• Also, the salesman posted

pictures and comments about

an accident at a Land Rover

dealership also owned by the

BMW Dealership.

• The Salesman was fired.

• NLRB held that the Land Rover

posts were not “protected

concerted activity” and by

themselves enough to affirm

the termination.

Karl Knauz Motors, Inc., 358 NLRB No. 164 (Sep. 28, 2012).

Public Employees and Free Speech

• The First Amendment states that Congress shall make no law….abridging the freedom of speech.

• For Public Employees First Amendment rights exist for matters of “Public Concern” only.

Payne v. Barrow County School District: (2009).

• Georgia High School English Teacher, Ashley Payne, posted pictures of her summer European vacation on Facebook

• Payne had her privacy settings set to “Private.” She had no students as FB “Friends.”

• A Parent complained. The school corporation gave her the ultimatum, resign or be fired. Payne resigned, later filed suit.

• GA court held that her contract was up by time she had day in court. Case was moot.

• Do you think this outcome was fair? 53% of IPFW students surveyed thought that it should be acceptable for a teacher to post pictures like this.

CUSTOMARY FOR A CITY TO SEND OFFICERS TO

ATTEND FUNERAL OF OFFICER KILLED IN LINE OF

DUTY.

SGT. SUSAN GRAZIOSI POSTED COMMENT ON HER

FACEBOOK PAGE CHIDING MAYOR OF GREENVILLE, MISSISSIPPI FOR NOT SENDING SOMEONE TO A

FELLOW OFFICER’S FUNERAL.

GRAZIOSI WROTE “ DEAR MAYOR, CAN WE PLEASE

GET A LEADER THAT UNDERSTANDS THAT A

DEPARTMENT SENDS OFFICERS (TO) THE FUNERAL OF

AN OFFICER KILLED IN THE LINE OF DUTY?”

GRAZIOSI’S BOSS ASKED HER TO TAKE DOWN HERE

FACEBOOK PAGE AND FIRED HER LATER THAT DAY FOR

INSUBORDINATION AFTER 27 YEARS WITH THE

GREENVILLE POLICE DEPARTMENT. THE 5TH CIRCUIT

AFFIRMED THE TERMINATION ON 1/9/15.

Classroom Discussion Can Educate Students about Social Media Pitfalls and Protections

Questions can include the following:

• Have you seen an employment-related social media post by one of your connections in the past?

• Where is the line between appropriate and inappropriate social media behavior?

• Should an employer be able to fire and employee for 1) Negative comments they post about employer; 2) Posts made while off duty; 3) Lewd behavior posted online, but not connected to work

• Have you ever worried that something you posted online could hurt you in your job search? (10% of IPFW students surveyed answered Yes).

• Understand What Type of Employee You Are and What Laws May or May Not Apply.

1

• Know Your Employer’s Social Media Policy and Follow It! (57 % of organizations have a policy!)

2

• Set Your Privacy Settings Be Cautious About What You Post, Even On Blogs and Other’s Pages.

3

What Can You Do To Protect Yourself?

Where you might use this in a class

– Lectures related to legal issues of employment

– Lectures related to social media policies, HR policies, and employment decisions

–Discussions related to careers and career preparation

–Discussions related to ethics or individual notions of fairness or justice

How we might apply in class types• Communication

– How social media is used to communicate and its impact

• English/Writing

– Look at impact nature of posts

– Understand legal writing aspects

• History

– History of how people and the law perceive technology

• Computer Science

– Societal impact of technology examples

Feel Free to Ask Questions Later

• Kimberly O’Connor

• oconnork@ipfw.edu

• Gordon B. Schmidtschmidtg@ipfw.eduhttps://twitter.com/iopsychology

• Presentation is on Slideshare