Wrongful firing?

[urban_magi]

What is the name of your state? Michigan

Hi I live just outside of Grand Rapids Michigan, I have a question about a problem that I am going to face on monday. I work at a tire business, and about a year ago some co-workers and I had made a video while on break. Pretty clean video, a little cursing by the co-workers but all in good fun. It has nothing to do with the business it self, its actually a short little mockumentary of a starbust commercial. The only thing that has to do with the business is the fact that the co-worker that posted it on youtube had named the video (workplace name) douschebags. Not talking about the workplace at all just the fact that we were just being dumb and we all just so happened to work at this place. The video was shot on the dock of the building, but we were off the clock... even though I cant really prove that.

Well the problem I am facing is that our corporate office just seen the vid today, and supposidly they werent too happy. Well talks gone around that there is a good chance of me losing my job on monday.

Im wondering if this would be a wrongful firing. They just recently kicked me down to part time, because the main manager and I dont quit see eye to eye. So I know hes just looking for any reason to get rid of me. Are they entitled to fire me for this.

With the risk of sounding childish, wouldnt this fall under the freedom of speech, and or the freedom of press. Again I dont want to sound like everyone else pleeding the wrong thing, but its all Ive come up with.

Where could I look into this further. I dont mind doing a bit of research, as long as I can have a solid case on monday.

Thank you in advance,
Nick


Edit:
Another thing that pops to mind (although this complete thread is roughly about this) How is it posible that a company could terminate someones employment over a video that they have the right to post in the first place? We did have the right to post it right? That would be like me posting something on a blog about how I had a crumy day at work, and then corporate getting ahold of the post and terminating me for relating them to a crumy day at work. I just dont see how this could possibly be justified by any actions. Correct me if I am wrong, but If we make the video on our own time, then are we not entitled to do with it what we want? Just because the name of the company is in the title, does that give them any justification? I dont see how it could.

 

[Delawhere?]

By all means, do some research for yourself, but be prepared for the worse, since Michigan is an "employment at will" state. Meaning you're pretty much able to get fired for no reason at any time by the employer. Key thing to remember when working for any company - don't do anything on company time/property that could be construed as being inapproriate - common sense, but that was clearly not on your radar when you made the video. Maybe you can blame it on a medication malfunction?

"In Michigan, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In Michigan, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee."

web site link: http://research.lawyers.com/Michigan/Employment-Law-in-Michigan.html

 

[las365]

I'm going to make a wild guess that "Company Name Douchebags" wasn't a news documentary, so your freedom of the press argument won't fly.

You can legally be fired because of participating in making the video on company property.

That would be like me posting something on a blog about how I had a crumy day at work, and then corporate getting ahold of the post and terminating me for relating them to a crumy day at work.

That would also be a legal termination.

 

[urban_magi]

I'm going to make a wild guess that "Company Name Douchebags" wasn't a news documentary, so your freedom of the press argument won't fly.

You can legally be fired because of participating in making the video on company property.

That would also be a legal termination.

Really, posting on a blog about a crumy day at work could be legal terms for dismissal. Wow the world we live in.

Thanks for the help.

 

[ecmst12]

A public posting that names your company and makes the company look bad is DEFINITELY valid reason for termination. If you must vent about your company, do so without naming names or don't post for the whole world to see (friends-only post).

 

[urban_magi]

Now, what if I wasnt the one to post the video. One of the other guys posted the video, hes the one to set the name up on it. I didnt even realize he posted it until a little while back. Really the only thing to make the company even look bad is the fact that he put dousche bags in the title. The video didnt even have anything to do with the company.

 

[las365]

You did mention in your first post that is was your co-worker who named and posted the vdieo. Unfortunately for you, since you are in it and the employer can tell it was made on company property (and worse, could reasonably assume that it may have been made while you were on the clock - I know you say it wasn't and I don't have any reason to think you are lying about that, bu you also said you can't prove it), it really doesn't matter how they became aware of it.

The bottom line is, the legal definition of a wrongful termination is pretty narrow and generally involves issues like discrimination or illegal retaliation. Wrongful termination is what gives a basis for a lawsuit.

Then there are terminations that are "for cause" or "not for cause" or you could say "justified" or "not justified" and whether a termination was for cause can determine whether the terminated employee is eligible for unemployment benefits.

Things aren't looking great for you either way. I guess if there is someone to blame for the video coming to your employer's attention, it's your co-worker.

 

[urban_magi]

Man, I guess things arent looking too good for me. Im just thinking if I can get the company to reason with me and maybe a common agreement on changing the name of the video. I have to try to get ahold of the one who posted the video online in the first place. He lives in Texas now. I wouldnt really put him at fault. He didnt know that it would come back around.

 

[las365]

Give it your best shot on Monday. Maybe you won't get fired! It can't hurt to tell them what happened and tell them that you value the company and your job and would not do anything to harm the company's reputation.

Don't make any promises you can't keep about re-naming the video. The company could probably get You Tube to take it down if they complain about the use of their name.

Good luck. I understand why the employer is pissed, but I can also see how you thought it was just a goof.

 

[urban_magi]

Thanks for your help.

 

[cbg]

Bottom line, this would not be a wrongful termination. It might or might not be unfair, but it would not be illegal.