Quantcast

Freedom of speech

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
40,360
16,839
Riding the baggage carousel.
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 Atlantic Aviation.
Your straight fvcked. And this isn't just a California thing, people are getting fired all over the place for posting stupid sh*t on their facebook or elsewhere. My employer has a specific policy written so they can fire you over exactly for such things.
 

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
Your straight fvcked. And this isn't just a California thing, people are getting fired all over the place for posting stupid sh*t on their facebook or elsewhere. My employer has a specific policy written so they can fire you over exactly for such things.
Yep, it's lame but whatever. I applied as a ramp worker at an aviation place yesterday right after this whole thing happened, got a call this morning for an interview for a full time position. Hopefully this works out. The pay goes from my $14/hr down to $13/hr but at least I'll be getting hours and benefits for once.
 
Last edited:

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
Stop being a moron by mentioning employer's name on the internet.
We're all glad you got a new job and all but seriously, nothing to be gained and everything to lose.
Edit you friggin posts already
I'm doing it right now numbnuts. And what's the point in calling somebody you don't know a moron?
 

stevew

resident influencer
Sep 21, 2001
40,614
9,618
your dad neglected in knocking some sense into you at a early age.
 

demo 9

Turbo Monkey
Jan 31, 2007
5,910
46
north jersey
Take dads airplane, fly it into your boss' house!

*now on the FBI watch list*

In all seriousness, thats not a good idea.
 

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
Take dads airplane, fly it into your boss' house!

*now on the FBI watch list*

In all seriousness, thats not a good idea.
Haha, naaahhhh. I like my life a little too much to end it :P I think I will go for a flight today though to get away from things. This is pushing it...might even ride a bike.
 

binary visions

The voice of reason
Jun 13, 2002
22,101
1,153
NC
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.
Uh, what?

Employers expecting two week's notice is simply a courtesy. The at-will work laws cut both ways - an employer might be able to fire you, but you can walk out just as easily.
 

Nagaredama

Turbo Monkey
Nov 15, 2004
1,596
2
Manhattan Beach, CA USA
Not sure if anyone clicked on the link I posted but here is an excerpt.

Federal labor law has long protected employees against reprisal for talking to co-workers on their own time about their jobs and working conditions, including remarks that may be critical of managers. The law applies whether or not workers are covered by a union.

While you weren't fired it might be worth forwarding the link to your boss or posting it on your Facebook page.

In the meantime I would find a new job.
 

scottishmark

Turbo Monkey
May 20, 2002
2,121
22
Somewhere dark, cold & wet....
Not sure if anyone clicked on the link I posted but here is an excerpt.

Federal labor law has long protected employees against reprisal for talking to co-workers on their own time about their jobs and working conditions, including remarks that may be critical of managers. The law applies whether or not workers are covered by a union.

While you weren't fired it might be worth forwarding the link to your boss or posting it on your Facebook page.

In the meantime I would find a new job.
co-workers is one thing (everyone's entitled to a moan), but friends, family and the entire www is something else entirely!
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
According to the suit referenced in the Yahoo article Federal Labor law disagrees with you.
Too many circumstances........ bottom line is, this is an at will state, means the emloyer needs absolutly no reason at all to fire someone.

The article doesnt play in anyway here because of that.

It all comes down to what the boss wants to put in as the reason, most just put services not needed.

Some of what was in teh article also is written in a way that only the employee's would know what was said... the put a 17 in charge line.... thats the companies code that the general public doesnt know.



Basically 5150 being from california would have to prove either racial or sexual discrimination, and can still be let go from his job in the long run for a simple explanation of... your services are no longer needed.



For the record, Facebook should not be considered watercooler talk..... Its a public forum, and the employer in that case needs a better attorney. Other people other than employees have access to it
 

rockofullr

confused
Jun 11, 2009
7,342
924
East Bay, Cali
Basically 5150 being from california would have to prove either racial or sexual discrimination, and can still be let go from his job in the long run for a simple explanation of... your services are no longer needed.
lol nope, CA is still Amurika (home of the lawyer, land of the frivolous lawsuit). Ever read harassment laws? Pretty broad, lots of stuff can fall under harassment. Honestly, the fact that 5150 got an e-mail stating the reasoning for his possible termination was a dumb move by his employer.
 

jdcamb

Tool Time!
Feb 17, 2002
19,847
8,450
Nowhere Man!
I think W$ndys Natural Cut Fries really suck. Burger Kings fries are much better. If Burger King had a version of a Frosty I would work there instead....
 

Nagaredama

Turbo Monkey
Nov 15, 2004
1,596
2
Manhattan Beach, CA USA
Too many circumstances........ bottom line is, this is an at will state, means the emloyer needs absolutly no reason at all to fire someone.

The article doesnt play in anyway here because of that.

It all comes down to what the boss wants to put in as the reason, most just put services not needed.

Some of what was in teh article also is written in a way that only the employee's would know what was said... the put a 17 in charge line.... thats the companies code that the general public doesnt know.

Basically 5150 being from california would have to prove either racial or sexual discrimination, and can still be let go from his job in the long run for a simple explanation of... your services are no longer needed.

For the record, Facebook should not be considered watercooler talk..... Its a public forum, and the employer in that case needs a better attorney. Other people other than employees have access to it
I agree there are alot of what if's that play into 5150's situation. The biggest being he hasn't been fired.

Connecticut is also an 'at will' employment state. The employer isn't being accused of violating State law rather Federal labor law which has different statutes that cover the Facebook venting.

Just because the employer didn't violate State does not mean they didn't violate Federal law.
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
lol nope, CA is still Amurika (home of the lawyer, land of the frivolous lawsuit). Ever read harassment laws? Pretty broad, lots of stuff can fall under harassment. Honestly, the fact that 5150 got an e-mail stating the reasoning for his possible termination was a dumb move by his employer.
Except that he started off with harrassing statement.... company was defending itself...



I agree there are alot of what if's that play into 5150's situation. The biggest being he hasn't been fired.

Connecticut is also an 'at will' employment state. The employer isn't being accused of violating State law rather Federal labor law which has different statutes that cover the Facebook venting.

Just because the employer didn't violate State does not mean they didn't violate Federal law.
Yeah he hasnt been fired. One of the firs things I pointed out was that if he was being dropped to a seven hour scheduel, obviously he was part time, there is no minimum hours for parttime..... Unfortunatly they can just run his hours so low so that it wont be in his benefit to stay there..... I think our companies minimum is 2 hours per schedule, but its just company policy nothing legal.

I understand the "watercooler" talk, talking between employee's, I even see were your link shows that... Only part of me that agrees with that is that they were using speak and code that only employee's would know what it means. Other than that, if I go onto FB, and say my company can suck a giant ball, they do this and that were anyone from the general public can read and understand it.... its no longer "watercooler" talk, its spreading a bad reputation for the company you work for..... And inded if an employer wanted to, they can file taht under insubordination, which means no unemployement.







****ty part about working for any big time retail company, if your not in a supervisory position, you end up part time. Not the rule, but in general. There are alot of reasons for this, companies like Best buy or Walmart have a pretty hi turnover rate, and doing this keeps funding those that leave undercontrol. It also makes it easier to just take someone of the scehdule whenyou dont have to worry about vacationa and sick day payouts... you also no longer have to worry about maintaining minimum hours for full time employee's.

One of the biggest things I se companies like this do is hire a ****load of partimers, give them all 4 hour shifts each, and just move alot of people in and out each day. Controls overtime, controls cost of benefits to the employeer..... ****ty I know, but if you had 300 plus emloyess at one location, you would shave every cost you could as well. Think about what it would cost to have to provide beni's to 300 people vs what you are taking in....





Over all its all about money for big companies, sad but its true. The guy on top is going to care about those employees that make them alot of money, and will be with the compoany for years to come.... other than that everyone else is a line item on an expense report
 

5150dhbiker

Turbo Monkey
Nov 5, 2007
1,200
0
Santa Barbara, CA
True about the whole hours thing. The part that aggravates me though is the fact that I was the first one hired and was the one told to pick up two other employees to work with. The best part is, I have a clean record in terms of attendance (ALWAYS show up a few minutes early and will stay late if needed), and have not broken anything on a car there.

Now the other two installers on the other hand...they're both on their final warnings for attendance, plus have EACH cost the shop around $2,000 in damages to cars. So...why are they cutting my hours? They don't stay late, follow attendance rules and break things. F'n lame!
 

IH8Rice

I'm Mr. Negative! I Fail!
Aug 2, 2008
24,524
494
Im over here now
and have not broken anything on a car there.

Now the other two installers on the other hand...they're both on their final warnings for attendance, plus have EACH cost the shop around $2,000 in damages to cars.
you guys at BB put a lot of money in our cash registers when i managed a retail store.
thanks :thumb:
 

4130biker

PM me about Tantrum Cycles!
May 24, 2007
3,884
450
True about the whole hours thing. The part that aggravates me though is the fact that I was the first one hired and was the one told to pick up two other employees to work with. The best part is, I have a clean record in terms of attendance (ALWAYS show up a few minutes early and will stay late if needed), and have not broken anything on a car there.

Now the other two installers on the other hand...they're both on their final warnings for attendance, plus have EACH cost the shop around $2,000 in damages to cars. So...why are they cutting my hours? They don't stay late, follow attendance rules and break things. F'n lame!
Well, they think you broke something, since you covered that guy's mistake.

Also, if they're already cutting your hours, you may have simply sped up the process of them letting you go...

Sounds like the new job is the way to go- $1 less per hour is a great trade-off for having benefits!!!

Don't forget the fact that you don't like working for them anyways, sounds like it's time to move on.
 
Last edited: