Fired from job because of MySpace blog??

Question

My friend was fired today because of a blog she posted on MySpace. Within the blog she complained of the treatment she was receiving from our boss--okay, she also called her a few names... Our administrators contacted their lawyers and was told that they could legally fire her. My question is, where does Freedom of Speech play in this?

What can I say, she's blonde! :0)

Answer 1

Freedom of Speech flows from the First Amendment to the Constitution of the United States which says in part: "Congress shall make no law.....prohibiting freedom of speech...". This gives the citizens an unfettered right to speak out against their government. That's it! There is no protection for speaking out against your employer. So, to answer your question the First Amendment has no bearing on your friend's plight - Freedom of Speech does not enter the picture.

Answer 2

The right to free speech does not mean that you have the right to say whatever you want anywhere at any time. Assuming you are an at-will employee (most people are), then your boss can fire you for any reason except discrimination. Check your employment contract just to be sure that you are at-will. If you are not, it will lay out specific reasons why you can be fired. Chances are, defamation or poor character (or whatever offended your boss on your Myspace page) is a legitimate reason for firing.

Answer 3

The others are right--free speech rights only refer to government abridgement. You friend has learned a valuable lesson--she needs to focus more on responsibility (and common sense) and less on her "rights." She was not fired for any other reason so there is no recourse for her--she should ask if they will try and deny her unemployment application, though.

I once lost a job because someone *thought* I said something about the organization I joined. You really have to remember that you are "always working" when it comes to mentioning your company negatively on a public site like MySpace. Employers want people who WANT to work for them.

Answer 4

It isn't a matter of freedom of speech. Under employment at will, an employer can fire you even without any reason, so they're within their rights. Basically she has the freedom to say what she wants to, and they have the freedom to continue her employment or not. Freedom cuts both ways.

Answer 5

Nope. Company policy, is company policy. Remember, they're also free to pretty much can your *** for whatever they want. Blogging is a big deal with employers now, and becoming even bigger. Sorry, but your friend is s**t out of luck.

Answer 6

The first amendment is about the *government* restricting speech. It doesn’t say her company can’t enforce its polices related to its employees’ conduct. She’s supposed to represent her company in a positive light and chose not to do so on a public forum.

Thanks for reminding me why I don’t talk about my job here, on MySpace, or anywhere else that co-workers could see it.

Answer 7

You would be surprised, employers are now checking My Space and Face Book to find out more info about their employees and candidates. Scary Huh? Be careful what you post.

Answer 8

Since this person was able to say what they wanted and did not go to jail, they have freedom of speech. However, he/she does not have freedom from all consequences.

Answer 9

Honestly-did she not realize what wuold happen. You can't go around bad mouthing your job-much less your boss.

Answer 10

people post crap on myspace, where anyone can see it, and wonder why they get fired. genius, pure genius. set that profile to private, eh?