QUESTION
My private Facebook post was screenshot and sent to my employer and my volunteer work.
Asked on May 05th, 2016 on Wrongful Termination - Pennsylvania
More details to this question:
My daughter was being bullied by two children in her class. My Facebook account does not list my job, my name, or anything that would lead someone to know where I work or volunteer or what my real name is. My Facebook account is set to private so that only my friends can post and read what I post as a status update. I came home after listening to my child cry and talk about the bullying that has been going on since Dec. I posted a Facebook status that was about the bullying. Peoples comments were not controlled by me. Under the stored communications act, my account was set to private. My Facebook post along with some answers were screenshot (not all because some friends accounts are private also which means frenemy can't see everything). My post was not violet, but it did refer to one of the kids as a "bitch". I did not name any child and since my account is private, most of my aquantinces do not know I was speaking about 6/7 year olds. Where is my and my child's protection?
1 ANSWER
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What is the connection between the Facebook post and your termination? Why would your employer terminate you for a facebook post? Do you work with children? In any event, in Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all -- or a stupid reason. Do you have a contract? You might have it reviewed by an attorney to see if you can fight the termination. Do you think the termination is a "pre-text" for some type of discrimination that is prohibited under the law? You should share those details with an attorney for a full evaluation of your possible claims.
Answered on May 06th, 2016 at 5:28 AM