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Labor law and termination of employment Arizona

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  • Labor law and termination of employment Arizona

    My wife was terminated from her position at the hospital because she wrote something on face book that was considered to be unprofessional conduct. The comment did not mention her employer by name or any employee by name. My wife only uses a alias on the website, so her name is not associated with it. The only way it was linked to her was though a fellow employee that read it and reported the comment to HR. It was a comment made in jest, but could be considered derogatory. Did they have the legal right to terminate employment for such a vague attempt at humor on Face book?

  • #2
    Based solely on the facts you have provided, yes, they did.

    It is POSSIBLE that more information might change the answer. What was the comment, and to whom was it directed?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      The comment was that she had been fired for talking back to her supervisor. (Ironic) Just trying to get attention from a fellow employee. I beleive it was just a running joke.

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      • #4
        Recent case law indicates that an employee who complains to other employees about working conditions using Facebook as the medium is protected under the NLRA. However, the law makes clear that simply making derogatory statements about your employer is NOT protected.

        From what you are saying, I doubt that this would fall under the protections the recent case law offers. But it couldn't hurt for her to run it past an employment law attorney.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          My understanding that, at this time anyway, what was posted in this case
          would not be protected.

          It certainly won't hurt to talk to an attorney though as cbg suggested.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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