HRMorning.com » Best of HRTechNews: Employee uses racial slur in Facebook profile: Can you fire her?

Best of HRTechNews: Employee uses racial slur in Facebook profile: Can you fire her?

May 25, 2009 by Staff
Posted in: In this week's e-newsletter


Here’s another story about employees who need a reminder that their bosses can read the stupid things they post online:

A teacher at Thomasboro Elementary school in Charlotte, NC, faces a possible firing over raunchy and offensive posts she made to the social networking site Facebook.

In the section for hobbies and activities, the woman listed “drinking” and “teaching chitlins in the ghetto of Charlotte.” The school is located in a low-income neighborhood and attended largely by minority students.

The teacher also posted pictures of herself and other female faculty members in sexually suggestive poses.

The worst part: On the site, the woman identified her employer and chose to make her page viewable by the general public.

She’s been suspended with pay while the school district makes a final decision about her continued employment, the Charlotte Observer reports.

Several other employees in the district have been disciplined for similar offenses, including a teacher who used a racial slur in his profile and another who announced, “I’m feeling p—ed because I hate my students.”

Legal protections?

Can employers discipline or fire employees because of what they do online? Yes and no.

There are no applicable federal laws, but several states prohibit companies from disciplining employees based on legal activities outside of work.

However, companies still have the right to protect their reputations and prevent harassment. They’ve normally been in the clear when there’s a link between employees’ conduct and their job performance.

For example, a teacher in Connecticut was fired after uploading inappropriate content to a Myspace page he used to communicate with students. He sued to get his job back — but the court upheld the termination, ruling that the Web page raised serious doubts about his ability to do the job (Cite: Spanierman v. Hughes).

Another case involved a police officer who was fired after he sold videotapes of himself stripping out of a police uniform. His lawsuit reached the U.S. Supreme Court, which ruled in favor of the police department, deciding employees could be fired for actions that are “detrimental to the missions and functions of the employer” (Cite: City of San Diego v. Roe).

The key for managers who come across employees’ embarrassing or offensive online exploits: Focus on the effects the conduct may have on job performance and take action based on legitimate business needs.

What embarassing online content have your managers discovered? Has your company ever fired an employee because of it? Let us know in the comments section below.

  • Share/Bookmark


2 Responses to “Best of HRTechNews: Employee uses racial slur in Facebook profile: Can you fire her?”

  1. Heather Says:

    Our company blocks social networking sites like myspace or Facebook, but we haven’t had any cases where content on the sites have led to any problems at work.

    If you have a professional job why on earth would you not make your profile private? It’s just good commone sense. I would seriously doubt this woman’s dedication to her job if she is posting derogatory comments like that. If that is truly what she thinks of her students then I wouldn’t want my kids to be taught by someone like her.

  2. Keith Says:

    I don’t have a private profile. I just don’t post/type anything I wouldn’t want a judge to see or that I wouldn’t want printed in a newspaper. If someone posts something that I don’t think is appropriate, I delete it off my page. The whole reason I have a Facebook account is to establish online contacts with current people in my life (job, family, friends) and also to re-establish contact with those whom I’ve lost contact (e.g. from high school, college, in the military and moved many times, etc). If one is a professional, and wants to portray a professional image, then they shouldn’t be posting anything to a public site that isn’t in good taste.

Leave a Reply



advertisement

Whitepapers



Popular Human Resources Articles



advertisement






























































a