Can employers fire you over myspace postings?

[SFG75]

This story features a waitress who had a myspace conversation with another person in which a manager was criticized. The woman is suing for invasion of privacy due to the fact that it was a private conversation and that it was meant to be so due to the fact that it was password protected. I'm not certain how the empoyer got the password to view the conversation, but they somehow did.

So, is it an invasion of privacy if your employer fires you for a private conversation that they aren't a direct party to? Should the right of free spech be limited to only what the government cannot due to you or does it apply to the working world as well?

 

[Occlith]

I'm not certain how the empoyer got the password to view the conversation

This WSJ article states "The supervisors were tipped off to the forum by Karen St. Jean, a restaurant hostess, who logged into her account at an after-hours gathering with a Houston's manager to show him the site. They all had a laugh, Ms. St. Jean said in a court deposition, and she didn't think any more about it.
But later, another supervisor called Ms. St. Jean into his office and asked her for her email and password to the forum. The login information was passed up the supervisory chain, where restaurant managers viewed the comments...
Ms. St. Jean said in a deposition she feared she would be fired if she didn't give up her password, a twist in the case that Mr. Maltby says could sway a jury against the company."

 

[Bob Magness]

If she was fired for something she published on her public MySpace site then I would have little sympathy for her. However, a password protected communication? That is like going through someone’s mail in my opinion. She should not have given her supervisor her password when asked for it. If she were fired for not giving it, then she could sue. In this particular case she will have to prove that she was coerced into handing over her password.

 

[dele]

If she was fired for something she published on her public MySpace site then I would have little sympathy for her. However, a password protected communication? That is like going through someone’s mail in my opinion. She should not have given her supervisor her password when asked for it. If she were fired for not giving it, then she could sue. In this particular case she will have to prove that she was coerced into handing over her password.

I agree with you. Posting anything work related online is asking for trouble, and you deserve what you get. But it's definitely a breach of privacy to go through private communiques like that!

That's why I always tell people to be careful what they put in writing. You can't be too careful!

 

[SFG75]

Undoubtedly, the "friend" who gave a supervisor the password is the key to this whole incident. I'm not certain how you would proove that she felt pressured to let the supervisors see what was posted in the private section. As mentioned previously, if she said "no" and was fired, then perhaps that would prove her case that it was coerced. At the same time, employers can fire you for certain reasons and make up others why they canned you. They could've just as easily said: "She wasn't fired for the comments, she was fired for a lack of productivity, budget cuts, etc....."