Woman fired for refusing to give employer her facebook password (school, income)

[gwynedd1]

Originally Posted by TrapperJohn

Everyone just needs to delete their accounts and try meeting their friends for coffee instead.

I already did. Saw this among other things coming.

[Mircea]

Originally Posted by thecoalman

I don't see how this could be legal for a variety of reasons.

You are either employed under a contract, or you are not employed under a contract.

If she was employed under contract, it is perfectly legal and she has no recourse.

If she was employed without a contract, then she is employed "at will" and she can be fired for any reason or no reason at all.

And so she has no recourse.

If you don't like it, then you are free to switch employers, but then, um, the dumbasses that insist on their employer handling the responsibility of "health insurance" (snicker) are stuck in the "pre-existing clause" thing.

What great foresight.

You can always start your own business, too, and you can run it any way you want, and if you don't want to demand people hand over their FacePuke passwords, then that is your choice.

Of course, you really can't complain or whine if your employees are posting information about your company that is confidential, or restricted, or of a proprietary nature or it falls under the the classification of "intellectual property."

But then, you know, being as rich and wealthy as you are, what the hell do you care about money?

Why would you care if a competitor is getting all kinds of juicy intelligence and data about your company from an employee who may or may not be disgruntled?

After all, what is $120 Million in R&D money to you? So you spent that much to develop a new product line and thanks to your employee who is rapping about it on-line on FacePuke, your competitors have produced the exact same product ----- for free.

And why do you care if your clients can see how your employees really are and how irresponsible they are and how they talk nasty about clients and about other employees and managers.

And so what if your employees post photos of some tawdry illicit sexual affair/scandal taking place in your office?

You don't care, because you are Mister Money Bags and it doesn't matter if your competitors take all of your profits, or your clients flee you and go to your competitors or your employees are in complete rebellion, and your company ends up in bankruptcy....

...of course, thanks to your employees and FacePuke, your competitors and clients will probably know that you are in bankruptcy before you do.

Legally (and logically)....

Mircea

[Who?Me?!]

Originally Posted by elan

I smell a lawsuit, this isn't legal.

Employers can do all sorts of things that aren't legal...and lots of nasty stuff that is legal. So? Isn't profit the number one priority?

There is NOTHING you can do about it.....unless you want to complain to your union and get back up

[badhornet]

Quit spreading your legs on FB, and you will have nothing to worry about

[thecoalman]

Originally Posted by Mircea

You are either employed under a contract, or you are not employed under a contract.

I'm referring to the contract between her and Facebook, when you click "I agree" that's a contract. When an employer demnds the password they are interfereing with contract between her and facebook. Furthermore there is laws about unauthorized access to computer systems and in this case it would be unauthorized access.

If she was employed under contract, it is perfectly legal and she has no recourse.

Within Facebook you have the ability to use a private communication system which is no different than communicating with email. Would you suggest the employer can legally demand the password for email accounts?

[thecoalman]

Originally Posted by badhornet

Quit spreading your legs on FB, and you will have nothing to worry about

You need to separate the public from the private. This discussion is about the private side of it and has nothing to do with what is publicly available.

[EinsteinsGhost]

Originally Posted by Mircea

You are either employed under a contract, or you are not employed under a contract.

If she was employed under contract, it is perfectly legal and she has no recourse.

If she was employed without a contract, then she is employed "at will" and she can be fired for any reason or no reason at all.

And so she has no recourse.

Thankfully, we don't live with such hopelessness.

[GregW]

As if employees did not sell trade secrets when it requires meeting in a bar like all the other spies in history. I do not believe we sign away all our rights when we are employed. Employers think differently as their "pointy haired managers" are in a continuous state of incompetent panic.

[vision33r]

They can ask for it and you can not provide it to them or just don't have one or don't use it. FB can be the key to getting you fired more than getting you hired.

This is a fight for FB to lobby to get laws passed.

A job is a 2 way street, they can ask you to do anything and you can say no and they can fire you.

[Hyperthetic]

Originally Posted by thecoalman

You need to separate the public from the private. This discussion is about the private side of it and has nothing to do with what is publicly available.

Your face is public, your privates are private.

Ask Monica Humidor.