He has a clean file with his company and they suspended him for a couple of days pending an investigation. They said someone printed porno graphic images but when he asked to see it, they did not have it. He feels because when he got passed up for promotion, he starting asking questions and found out that his company did not follow policy with the hiring process. Could he have a case?
2007-06-26 22:47:49 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you post something on your MySpace that violates the law or the company's policies, then yes, you can get fired. Many companies actually screen applicants by searching for their MySpace accounts. If you see the guy you just interviewed in a thong doing shots off some woman's left boob, then you might consider him an undesirable candidate for the position.
It's very possible that the company is retaliating for his nosiness, but that's quite difficult to prove. I think he should focus on the pending investigation instead of dwelling on the covert reasons behind the suspension. If I were him, I'd start looking for a new job.
2007-06-26 22:57:06 · answer #1 · answered by TheOrange Evil 7 · 3⤊ 0⤋
Most states are "at-will" employers, however, if someone can prove that they were fired for no reason or not just cause, they can collect unemployment compensation from their state for a short period of time (usually 6 mos., but varies depending on the state) so they will have an income while they look for and find a new job.
Your question isn't really clear...was he on a "MySpace" account from a company computer during company time? Most all companies have policies prohibiting use of company computers on company times for non-business purposes and even have alerts set up when someone vistis popular sites that could not possibly be work related, such as MySpace & EBay. If he did visit MySpace on company time, regardless of the content, he would be fired justifibly in most cases and not be entitled to umployment and have no grounds for a lawsuit.
2007-06-26 23:16:34 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
Some companies have restrictive internet policies; so it could depend whether he was using any of the company's time or computers for sites that were restricted by the company.
If he wasn't, there is some chance that he might have a case - but it is true that companies have based hiring decisions on information found in blogs outside work that they felt reflected poorly on the worker or the company. Unfortunately, as far as freedom of speech goes, this type of internet information is similar to distributing a pamphlet outside work hours that your boss gets hold of a copy of.
2007-06-26 23:03:55 · answer #3 · answered by userafw 5 · 2⤊ 0⤋
The easy answer is yes, he can be fired for that reason.
The fact that the company did not follow their own policy is irrelevant unless he can show that ONLY because he was fired for a protected status reason (age, sex, national origin, etc.) he might have a case.
However, based on your facts presented, the company did nothing illegal.
2007-06-27 00:52:10 · answer #4 · answered by hexeliebe 6 · 0⤊ 0⤋
you're a nutjob. it became definitely a conspiracy between Hanukkah Harry, Bigfoot, and the Easter Bunny. i think Santa and Elvis could be in touch. Now-------all kidding aside, I settle for no longer something different than the certainty that there is sufficient information placed forth by way of credible human beings to convene a federal grand jury to look into the situation first hand. some thing smells..........
2016-10-19 01:18:07 · answer #5 · answered by zaragosa 4 · 0⤊ 0⤋
In the State of New York (which is where I work), unless you are in a union, you can be fired for any reason.
I suspect that it is the same in most, if not all, of the other states.
2007-06-26 22:57:24 · answer #6 · answered by Anonymous · 1⤊ 0⤋