Madeline
Rookie
- Banned
- #1
Case Number One:
Feds rule against employer in firing woman over critical Facebook remarks | cleveland.com
Case Number Two:
Andrew Shirvell fired from job at Michigan Attorney General's Office - AnnArbor.com
The two cases are not totally comparable as the Shirvell twit engaged in conduct that amounts to theft of services from his employer as well as lied to investigators. However, as best we can, let's use them to discuss:
Just how much control can your employer legally exert over your online speech from home?
WASHINGTON -- A Connecticut woman who was fired after she posted disparaging remarks about her boss on Facebook has prompted a first-of-its-kind legal case by federal authorities who say her comments are protected speech under labor laws.
The National Labor Relations Board alleges that American Medical Response of Connecticut Inc. illegally fired Dawnmarie Souza from her job as an emergency medical technician late last year after she criticized her supervisor on her personal Facebook page and then traded Facebook messages about the negative comments with other employees.
The complaint, filed Oct. 27 by the board's Hartford, Conn., regional office, could set a precedent for employers to heed as more workers use social networking sites to share details about their jobs.
"It's the same as talking at the water cooler," said Lafe Solomon, the board's acting general counsel. "The point is that employees have protection under the law to talk to each other about conditions at work."
Feds rule against employer in firing woman over critical Facebook remarks | cleveland.com
Case Number Two:
Andrew Shirvell has been fired from his job as a Michigan assistant state attorney general, his attorney said this afternoon.
Shirvell was fired for using state resources for his campaign against University of Michigan student body President Chris Armstrong and for lying to investigators during his disciplinary hearing, Attorney General Mike Cox said in a statement.
Shirvell was called before the attorney general’s staff at 1:30 p.m. today, said Philip Thomas, Shirvell’s attorney.
“The only reason they gave was the fact that they felt his actions had made it impossible for him to continue in his role,” Thomas said.
Shirvell has been under fire for weeks for comments he made about Armstrong, who is openly gay. Shirvell has shown up at public events to condemn Armstrong’s “radical homosexual agenda.”
In a written statement, Cox said Shirvell was fired for "conduct unbecoming a state employee, especially that of an assistant attorney general."
"To be clear, I refuse to fire anyone for exercising their First Amendment rights, regardless of how popular or unpopular their positions might be," Cox said in the statement. "However, Mr. Shirvell repeatedly violated office policies, engaged in borderline stalking behavior, and inappropriately used state resources, our investigation showed.
Andrew Shirvell fired from job at Michigan Attorney General's Office - AnnArbor.com
The two cases are not totally comparable as the Shirvell twit engaged in conduct that amounts to theft of services from his employer as well as lied to investigators. However, as best we can, let's use them to discuss:
Just how much control can your employer legally exert over your online speech from home?
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