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getting a warning for something I wrote on facebook!


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Hi can anyone help or give me some advice please?

 

I'm an estate agent and several weeks ago I wrote a comment to a colleague on facebook about looking for Narnia in customers wardrobes! Obviously this was a joke! Now someone has forwarded a copy of this conversation to my employer suggesting I am sacked as this is a breach of trust! This person claims their granddaughter saw it and they are a vendor client who is very concerned. Although they are not a vendor client that I am aware of and I have never been to their property.

 

My employer does not know who this 'so called' vendor client is but has said I will get a verbal warning anyway! Can he do this??

 

Any help or feedback would be much appreciated.

 

Thanks

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if it states who you work for on your Facebook page, you ave to be very careful about what you write on there! Although a joke it is something that you can be disciplined for as you are bringing the company into disrepute.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Yes, they can discipline you for remarks made on Facebook. It's best just not to comment about work at all - particularly if you, the company or customers can be identified (which arguably they can anyway, as most of your friends will undoubtedly know where you work!)

 

I don't think a first warning would be unfair here. However if they tried to dismiss you then that would probably be a little harsh - after all, it was a joke.

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Sadly I've seen the damage social network sites can do. A colleague of mine wrote something trivial on his Facebook page about a CCTV camera being installed in our office (something as simple as 'it's nice to know we are trusted at work') and he got disciplined.

 

If your employer is saying you'll get a verbal warning for it, it's probably so he can report back to the complainant that he took the matter very seriously and the offence has been dealt with.

 

I'd take it on the chin and be careful what you post on Facebook.

 

A verbal warning will be spent in a few months. Your boss probably would have swept it under the carpet, but if an external complaint has been made I suppose they have to be shown as dealing with it.

 

Just out of interest, is your employer listed on your profile?

It never rains but it pours...

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You'll find that in most cases, a formal warning of any kind will remain on your HR file for the duration of your employement.

 

As previously advised, the best option is to never comment on work matters on a social networking site.

 

H. x

 

 

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You'll find that in most cases, a formal warning of any kind will remain on your HR file for the duration of your employement.

 

As previously advised, the best option is to never comment on work matters on a social networking site.

 

H. x

 

Depends very much on the employer, but in general, it is not considered fair or reasonable for a warning to remain indefinitely - it can after all be used for cumulative effect, and an employee could conceivably be dismissed for two (relatively) minor events several years apart. Normal practice is for a warning to last for a stated period (eg 3, 6 or perhaps 12 months) during which it a similar misdemeanour could be used cumulatively to escalate disciplinary action to the next level. An employee should always be given the opportunity to improve and have a prior warning expunged.

 

Agree with everything else above though - do not write anything about work whatsoever on Facebook - even the fact that you have had a bad day can inform the employer that you are not perhaps in the right job after all when posted as a status update - and try to avoid having 'Friends' who are also colleagues - tales of drunken debauchery when spread around the office can also cause questions t be asked about your character! Employers routinely use Facebook as a recruitment tool as well, and whilst indiscretions captured on film can seem amusing when put on the internet for friends to view, they can also be seen as a less than desirable section of your CV when applying for future jobs!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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I would love to see this tested in court!! one of my colleauges was sacked after something he wrote on facebook, to be fair he had it comeing, but at the same time its a private conversation.....a verbal warning shoyuld deffo only dtay on your file a set period usually 6 mmonths, sounds like one of your work mates may have made the complaint tho.....

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If it was a private conversation then how would an employer come to know about it? Put quite simply nothing is private so long as at least one other person can see what is written.

 

This has been tested in law and employers disciplinary sanctions upheld. Obviously it depends on exactly what is said but disrepute can be quite widely interpreted.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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There are two tested Facebook cases that I know of, one where the dismissal was unfair, and one not. I seem to recall that the unfair dismissal was indeed minor comments, not directly relating to the employer, with high privacy settings.

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As for privicy I use facebook as research in my job. its amazing how face to face a person will tell you one thing and then put something different on facebook. So many people especially in the hospitality industry leave their sites open to anyone because they think its free advertising and then look amazed when I ask them about events they have listed as happening on fb but which they are denying they ever have when we are face to face, silly silly silly.

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