In trouble at work for Facebook posts

[kravarran]

Hi,

 

My wife has a disciplinary hearing at work because she stupidly made comments about work on facebook and somebody screenshot these and give them to her boss. She basically said her work was a sh**hole and that she couldn't wait to get a new job so she could leave. She has now been suspended awaiting a disciplinary hearing which is this Wednesday with her manager and HR.

 

My question is - what is the most likely outcome from this? She has no warnings at work but people have said she might get fired .... is this likely?

 

Thanks

Krav

[Emmzzi]

It's certainly possible as it's bringing the company into disrepute, breach of trust etc. Does the company have an it or social media policy? What does it say?

[altobelli]

Hi Krav

 

This is an unfortunate situation. There is a distinct possibility that she could be fired for this, and it might be hard to fight. I would recommend that at the meeting she apologises and hopes that the employer gives a warning.

 

Has she been advised that termination is a possible outcome of the disciplinary? Also, have there been other cases at your work where similar situations have happened? What were the outcome of any such disciplinaries? Did she criticise any individual at the workplace personally or by implication on Facebook?

[kravarran]

She didn't criticise anyone who works there but did name the company.

 

She has been advised that this could be classed as Gross Misconduct which could result in dismissal (which isn't a good sign).

 

We were thinking that it may be better to hand in her notice tomorrow, therefore not risking having a dismissal on the record, and as it's a 13hr per week PT job is it worth the risk?

 

Does anyone think that resiging is the better option, take it as a lesson learned not to be so stupid and try for a new PT job?

[altobelli]

To be honest, it doesn't look good for her going into the meeting.

 

If I was the employer I would probably give some form of written warning, but I think most employers would dismiss for this. It mitigates the situation to an extent that she didn't publicly criticise any colleagues, but in my view dismissal is the most likely outcome of the meeting. She's probably not said anything that some of her colleagues wouldn't say down the pub after work, but the fact is that when something goes on Facebook it is in writing, and the company have been presented with this by her colleague who has printed the page and given it to them (incidentally, I don't think her colleague comes out of this looking very good). Social media is still a fairly new concept, and I think people are still getting to grips with it, but the fact remains that currently many employers take a fairly hard line on criticising the employer via this method.

 

If she resigns, it could be that her reference refers to the fact that she resigned while under investigation for gross misconduct. If resignation is a route you are considering, perhaps she should go into the meeting and apologise, say that she realises what she does was wrong and say that she feels the appropriate choice for her would be to resign, but to attempt to clarify what references she is likely to receive.

[assisted blonde]

IMO Dismissal is the most likely outcome but all employers differ, resigning while under investigation may affect any references although if she hasnt been employed there for too long a previous reference may be enough for a new employer.

If I were her employer I would consider this gross misconduct because I couldnt honestly trust someone who had such negitive feelings and dislike for my company and would be expecting them to leave soon anyway.

[Bandit127]

I think the outcome might depend on what sort of employer is involved.

 

Any tax payer funded organisation will have little to no tolerance for this. The outcome is likely to be gross misconduct followed by dismissal.

 

If it is a highly unionised workplace (National Rail for example) she may get protection from the union.

 

A large multinational will have little tolerance for this too - especially if they have a public brand image (McDs for example).

 

If it is a small, private company your OH should apologise profusely and blame it on the heat of the moment (while having an argument with you and taking it out on work, drink, whatever). She values her job and the company and she has learned her lesson and will never post about work publicly again.

 

Even then, I think you should plan for the worst.