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Freedom of speech

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
Ok, so at work recently my hours got knocked down from 35hrs/wk to 7hrs/week. I personally told management the NEED to fix it because I cannot afford to live off of those hours and they can't do that without telling me before hand.

Well, they do it anyways and so I post something on facebook about how best buy sucks and I can't make ends meet off their hours. So I get an email from my manager today saying "we might have to terminate you for the derogatory things you have posted on facebook about best buy and the hours we are giving you."

Now technically is what I said covered under freedom of speech since it was said on my FREE time at HOME and I'm not saying "dont shop at best buy because they suck" but just that they suck because I don't get enough hours? I know...run-on sentence but whatever. I think I'm turning this into a big thing because I literally told her "if you fire me for that I will sue you and the company for wrongful termination and all hell will break loose on you." After that she said "well, we will see if we can raise your hours then."

Now if I get fired for what I said on facebook, can I actually sue for that? Don't care about the money...just proving the point! I already applied and have virtually been given the job as a ramp person at an aviation place.
 
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TheTruth

Turbo Monkey
Jun 15, 2009
3,893
1
I'm waving. Can you see me now?
Look for a new job. When you find them, screw them the fvck over. Ask for a ton of hours, then don't show up. Or just don't show up on Christmas week.


But anyway, that would be wrongful termination, and you could start **** with them.
 
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DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
No... you cant.

Basically your up **** creak.

Your from the state of California, this is a at will state.

They actually dont have to give you ANY reason to let you go, just that your services are no longer needed.

You said something publicly about the company you work for, they in fact now have the capability of letting you go without paying unemployement as well, reasoning falls under Insubordination......
 

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
Look for a new job. When you find them, screw them the fvck over. Ask for a ton of hours, then don't show up. Or just don't show up on Christmas week.
Good call! I'm really hoping I get this job I applied for and have had an interview for. I LOVE aviation (as I have been a pilot since 17) and don't mind doing that work.

But ya...I've been in retail for 7 years now and HATE ever minute of it!!!
 

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
No... you cant.

Basically your up **** creak.

Your from the state of California, this is a at will state.

They actually dont have to give you ANY reason to let you go, just that your services are no longer needed.

You said something publicly about the company you work for, they in fact now have the capability of letting you go without paying unemployement as well, reasoning falls under Insubordination......
f**k California. I hate this state except for the amazing temps. Ughhhhhhhhh.....well either way, if they fire me...my family has some AMAZING lawyers so I'll try to sue them anyways I guess.
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
Oh yeah, as far as your hours go...... You must be given a minimum of 48 hours notice for a schedule change..... IE they dont have to give you any notice that your hours are going to be cut as long as you see the schedule 48 hours before the new schedule starts......

I am guessing your part time if you have been 35 hours being cut to 7 hours....... Sounds to me like its a simple move large companies do to basically eff there borderline full time employee's..... cut your hours for a few weeks, just in time to keep from mandatory full time.
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
f**k California. I hate this state except for the amazing temps. Ughhhhhhhhh.....well either way, if they fire me...my family has some AMAZING lawyers so I'll try to sue them anyways I guess.
You can try, you will lose though. Its also another way to get partimers to quite instead of letting them go.....being they are part time, there is no minimum hours that have to be given
 

Sghost

Turbo Monkey
Jul 13, 2008
1,038
0
NY
Your past black friday, best buy doesn't give a **** about you. They will pick the best seasonal hires to offer a job after christmas.

I didnt think anyone was still dumb enough to have their boss on facebook...
 
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5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
You can try, you will lose though. Its also another way to get partimers to quite instead of letting them go.....being they are part time, there is no minimum hours that have to be given
Ya, this f'n SUCKS because I was the first "installer" hired for this location and was asked who I would hire. I told them, they hired the people. THEN they elected to make me part-time and made the lesser qualified guys full-time. Soooo ya....they screwed me over two years ago I guess. Damn....
 

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
Your past black friday, best buy doesn't give a **** about you. They will pick the best seasonal hires to offer a job after christmas.

I didnt think anyone was still dumb enough to have their boss on facebook...
Ok, for the record, I've been with the company since they opened this location almost 2 years ago so am NOT a seasonal employee. And also, I am not friends with ANY of my managers on facebook....
 

Sghost

Turbo Monkey
Jul 13, 2008
1,038
0
NY
Ok, for the record, I've been with the company since they opened this location almost 2 years ago so am NOT a seasonal employee. And also, I am not friends with ANY of my managers on facebook....
However, they try to grab the best out of the flock of seasonals and ditch the regulars you dont jive as well.

So should be interesting to find out whos the rat.
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
Ok, for the record, I've been with the company since they opened this location almost 2 years ago so am NOT a seasonal employee. And also, I am not friends with ANY of my managers on facebook....
You may not have any of your boss's as friends on facebook, but I can guarantee.... you have someone from work who is "friendly" with the boss, who found something they can use to suck up and advance themselves......



Two ways to shine, make yourself look good, or others look bad
 

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
However, they try to grab the best out of the flock of seasonals and ditch the regulars you dont jive as well.

So should be interesting to find out whos the rat.
I would LOVE to know. Considering the other two installers KNOW I clean the whole shop, file all the papers, call the customers, finish the cars, submit the labor, etc...
It will really piss me off it's one of them because I took the blame for a $1,000 mistake another employee made when I was not even working to keep him from being fired. I have ethics....something the other employees obviously don't have. Thus why I'm over big companies...
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
I would LOVE to know. Considering the other two installers KNOW I clean the whole shop, file all the papers, call the customers, finish the cars, submit the labor, etc...
It will really piss me off it's one of them because I took the blame for a $1,000 mistake another employee made when I was not even working to keep him from being fired. I have ethics....something the other employees obviously don't have. Thus why I'm over big companies...


There is yuour first problem right there..........



If someone else ****s up.... let them take the blame, you take the blame, you now have the microscope on you.

BUT... who says its another installer...... Maybe its someone from an entirely different department.... maybe its someone you hooked up with and pissed off......... who knows.... Maybe the boss trolls on facbook just to see who in the store is saying what about work to learn who really wants their job vs who doesnt give a ****.......

all that isnt the point, bottom line is, you said something about your company you work for publicly which looks bad for the company, they found out, they responded.



Once its out there on the net.... it stays there
 

Sghost

Turbo Monkey
Jul 13, 2008
1,038
0
NY
No ethics in retail.

Even if they cant fire you, they can test how long you'll ride out 2, 4 hour shifts a week.
 

Sghost

Turbo Monkey
Jul 13, 2008
1,038
0
NY
F**k my life....that's basically it from what I'm gathering from everybody's comments. This sucks....I need money to pay my bills...
Smile and ask for more hours but dont be the squeeky wheel otherwise. Line up the other job and debate giving two weeks. Wrench could be thrown in if they decide to call your best buy boss.
 

Evil plug

Chimp
Dec 12, 2005
52
0
I dont miss retail at all. I'm also a ramp guy, and love the work. You'll meet way cooler people than the douches at Best Buy.
 
For your own sake, do not ever name the company you work for on the web, even in this forum.

I suggest that you edit the first post to remove the name of the company you plan to move to - they might not be impressed by at least three things you have mentioned in this discussion: dissing an employer publicly, threatening to sue and covering for another employee's screw-up.
 

CrabJoe StretchPants

Reincarnated Crab Walking Head Spinning Bruce Dick
Nov 30, 2003
14,163
2,484
Groton, MA
For your own sake, do not ever name the company you work for on the web, even in this forum.

I suggest that you edit the first post to remove the name of the company you plan to move to - they might not be impressed by at least three things you have mentioned in this discussion: dissing an employer publicly, threatening to sue and covering for another employee's screw-up.
I could only IMAGINE the consequences if any one of our employers found out what we do/say on this site.:rofl::rofl:
 

Evil plug

Chimp
Dec 12, 2005
52
0
I suggest that you edit the first post to remove the name of the company you plan to move to - they might not be impressed by at least three things you have mentioned in this discussion: dissing an employer publicly, threatening to sue and covering for another employee's screw-up.[/QUOTE]

Good call. Almost all employers nowadays look at social sites, forums and other sites to see what a prospective employee does on their free time.
 

binary visions

The voice of reason
Jun 13, 2002
22,101
1,153
NC
How is it that we have come to the point that so many people's first reaction to losing a job (or, frankly, anything negative in life) is, "can I sue them?" Then you get told that you have no grounds, and the reaction is, "well, I have a great lawyer so I'll try anyway."

Suck it up, princess. You badmouthed your employer in writing on a public site. Color me shocked that your boss called you on it.

Facebook has become a forum where anyone who has ever had any kind of social contact with you sends a friend request. Privacy settings don't do any good once that has happened. Either prune your friends list to only your actual friends, or be mindful of what you say. Facebook is only private if you take a lot of care to keep it that way - including choosing people you "friend" carefully. I know that my friend list is pretty indiscriminate so I post accordingly.

We just had a woman get fired because she worked here with her boyfriend, he got let go, and she went off on a rant about the company on Facebook.
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
Good call. Almost all employers nowadays look at social sites, forums and other sites to see what a prospective employee does on their free time.
Not even the employers, but someone who works with you does. People talk that is the problem, eventualy they tell the wrong person. There is no true thing as a secret, someone always tells someone else
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,698
1,749
chez moi
You're smoking crack.

Free speech, and any other Constitutional right (or natural, yet un-enumerated in the Constitution, right) covers your relationship to the government. Not a private party, including your employer.

There are federal (ed: and state) employment laws which cover your relationship to your employer.
 
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Apr 22, 2003
60
0
Lower VT
I fail to see how this could possibly be a first ammendment case. In no way does your situation even begin to constitute infringement on your free speech. You spoke freely via Facebook. Employer responded how they saw fit.

/Story
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,698
1,749
chez moi
I fail to see how this could possibly be a first ammendment case. In no way does your situation even begin to constitute infringement on your free speech. You spoke freely via Facebook. Employer responded how they saw fit.

/Story
It's not even a question of magnitude. It's a question of it being entirely outside the scope of the Bill of Rights.
 

Sandwich

Pig my fish!
Staff member
May 23, 2002
21,088
6,024
borcester rhymes
suck it up, princess.

go crawling back, apologize, and ask for more hours. ask if there's anything you can do to get more hours. reinforce that you've been there a long time and love working there.

that's all you can do.

you try and sue over losing a retail job, you'll lose, badly. then you'll have to pay lawyer's bills on top of everything else. retail sucks, part time sucks, deal with it. I got sexually discriminated against in a coffee shop in high school. they brought on less talented/experienced girls until there were no men left on the staff. You know what I did? I found a new job. It hurt my feelings, but A) there was nothing to gain via a lawsuit, B) even if I had won, I wouldn't want to work there anymore, and C) why the f*ck would I sue over a part time job working in a coffee shop????

Same deal with you...you _will not_ win if you file a lawsuit, whether it's justifiable or not, even if by some miracle your scrooge lawyer wins the case.
 

kazlx

Patches O'Houlihan
Aug 7, 2006
6,985
1,957
Tustin, CA
I don't think anyone will disagree that retail sucks, but posting stuff on the internet about how much you hate your job/boss/coworker, etc. is never a good idea. I did the whole retail thing in school and it sucked a fat one. The managers are usually incompetent, the hours suck and they take advantage of you every way they can. You were already getting screwed at 35 hours a week....working basically full time without the benefits. Dirty nailed it though, you don't have any right to employment in Cali. It is an at-will state meaning either you or your employer may terminate employment at any time.

As for trying to sue them for free speech....good luck with that one. The judge would laugh at you if you got that far. I think your lawyer would laugh at you first.
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
How is it that we have come to the point that so many people's first reaction to losing a job (or, frankly, anything negative in life) is, "can I sue them?" Then you get told that you have no grounds, and the reaction is, "well, I have a great lawyer so I'll try anyway."

Suck it up, princess. You badmouthed your employer in writing on a public site. Color me shocked that your boss called you on it.
Thank god we don't live in one of them "socialist" countries where workers have rights.... :rolleyes: I mean, employers expect you to give 2 weeks notice, and yet reserve the right to say "don't come in tomorrow". Something's definitely wrong with this picture.
 

kazlx

Patches O'Houlihan
Aug 7, 2006
6,985
1,957
Tustin, CA
Thank god we don't live in one of them "socialist" countries where workers have rights.... :rolleyes: I mean, employers expect you to give 2 weeks notice, and yet reserve the right to say "don't come in tomorrow". Something's definitely wrong with this picture.
You have just as much right to not give two weeks, it's just courtesy. I don't think I ever gave notice at a retail job. I quit one job because I gave notice a month ahead of time for a vacation and got it denied. So I just handed my stuff to my boss and said I quit then, mail me my check. Yes, they suck, but at the same time, it Christmas time and you should be able to get another retail job if you walk in somewhere and have a pulse.
 

Jim Mac

MAKE ENDURO GREAT AGAIN
May 21, 2004
6,352
282
the middle east of NY
I didnt think anyone was still dumb enough to have their boss on facebook...
Funny you mentioned this. I supervise 20 people and allow employees to "friend" me only at their request- I never do it myself. Anyhow, I'm up @ 5:30 in the morning Monday doing schoolwork/checking FB and see a post from an employee who at 4:00 am is heading back from seeing the Ergs! show in NYC. Lo and behold, he calls in sick at 7:00 am! I have known him for many years, so I let it go. Next time, however I won't.