Fired for Facebook Faux Pas
Social media may be the death of us all. At the very least, it’s going to get some of us fired. Actually, that’s been happening for some time now. But as social media is used by a growing number of people who, for some reason, think they can say whatever they want with impunity, the firings are increasing.
For example, as reported by the Charlotte Observer, a waitress was fired by a Charlotte restaurant for posting on Facebook a derogatory comment about customers she’d served. The customers stayed three hours, forcing the waitress to work an hour longer than she was supposed to work. They then left only a $5 tip. Enraged, the waitress posted: “Thanks for eating at [name of restaurant] you cheap piece of —- camper.”
Somehow, restaurant management became aware of the posting and fired the waitress for violating two company policies: (1) speaking disparagingly about customers and (2) casting the restaurant in a negative light on social networks. The waitress thought she was safe because only “friends” she had designated could access her Facebook page. Apparently, one of her friends ratted her out.
Did the restaurant have to fire her? No. Could she have been given another chance, given her immediate apology? Yes. But the restaurant was well within its rights. Customers come first. They’re always right. Employees badmouth them at their peril. Even if there hadn’t been written policies, the restaurant could’ve fired the employee.
Earth to employees. Social media isn’t private. It’s about as public as anything imagineable. Say something that negatively impacts your employer, and you run the risk of being canned, particularly if you work for a private employer. From an employer’s perspective, it is best to have written policies on the subject of social media, and this incident gives you an idea of what these policies might say.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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While I think that the waitress was a dipstick I do have one quibble. The customer is *NOT* always right. It’s long past time that that particular trope (that lets staff get abused) dies a quick death.
Lynn,
Thanks for your comment. You make a good point. The customer was never always right, but I think an employer can still hold to that standard, even if it means that employees sometimes get abused by customers. That’s not to say an employer should operate this way, but it’s still pretty much up to the employer on this kind of thing. There must be customers to keep the business running.
Thanks again.
John