I do not know for sure, but will ask. (what is CBA?)
I will suggest to her that she start an account too!
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Fired!?!
- Thread starter teach85
- Start date
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I will suggest to her that she start an account too!
George1776
Member
Unfortunately, your employer can fire you for this reason & too many others. Its getting to the point that legislation is needed.
Zigner
Senior Member, Non-Attorney
What, are you saying that a person should be restricted from terminating the employment of another? Really? Then I suppose you're ALSO in favor of restricting the right of an employee to quit, right?
What you are proposing is called "slavery"
Yup. I get the same feeling that there may be more to it.
A prudent employer will at least craft a social media policy or integrate with a code of conduct so that there is some clarity afforded to employees, but either way it is perfectly legal in this situation (now, situations where the employee posts may be protected under the NLRA, for example, are different.)
commentator
Senior Member
It looks like your friend has one option from what we've been told here. And that is to file for unemployment benefits. This will take a while, several weeks at least to begin getting benefits.
Has she been off due to illness for quite a while? Does she have some recently discovered condition that may cause them to think they need to get rid of her? They may have decided to get rid of her because she's been off, or had a health issue or just because they were in a bad mood that day, and unfortunately, it is legal for them to do so.
However, if they cannot show that they had a valid misconduct reason to terminate her, then she would very likely be able to be approved for and draw unemployment benefits while she is looking for another job.
She will file a claim for unemployment benefits, they will determine if she has enough monetary eligibility for benefits (has worked for a covered employer for long enough to have wages in the first four of the last five quarters.) If this is a yes, then they will ask exactly why she was terminated. If possible, she should print off and save the exact posting on Facebook that they claim caused the termination. If they gave her anything in writing, had her sign anything, or send her anything later, she should keep a copy of that.
They (unemployment system) will ask if she had any prior warnings or write ups for this issue. They will want to know if there were any specific company policies she was aware of that forbade employees to post comments on Facebook. She will need to say that she had no idea her job was in danger, or that what she posted on Facebook might in any way jeopardize her job.
When they have taken her claim, and she has begun to certify for weeks that pass, she will be required to register for and begin a work search. The unemployment system will contact her employer and ask them the reason why she was terminated. They will obtain both parties' version of the termination, and then will make an initial decision about whether to approve or deny unemployment benefits. Then either party can appeal the decision and if this happens, there will be a formal hearing with both parties present to present their case that the company did or did not have a valid misconduct reason to terminate her and whether she should receive benefits.
She should, UNDER NO CIRCUMSTANCES, agree to sign something saying she resigns. The employer may try to get her to do this in order to try to get out of having her receive unemployment benefits which will affect their unemployment tax rates.
In my experience, medical offices are often some of the most poorly managed places to work in the whole country, with very capricious human resources policies and practices. They may be a well run, well managed operation with clear cut policies and a well written employee handbook, or they may be a bunch of dummies shooting from the hip with this firing.
The doctor's office manager may talk to someone and be told that they have made a mistake by firing her so precipitiously, that she will probably be able to get unemployment, and they may call her back and give her the opportunity to resign "as a favor, to protect your reference" or some such baloney. She should not agree to do it. If you voluntarily resign from a job, you probably will not be eligible for unemployment benefits.
Unless they had some very clear cut policy forbidding employees to use Facebook at all, I do not see anything in what she did from what we see here that could be interpreted as deliberate misconduct. Especially since she did not mention the employer by name or give out any specific information about where she works or trash co-workers. The employer must have been looking pretty hard for a reason to terminate her. While she cannot sue them for doing this to her, she can file for unemployment benefits and use them to help support herself and family while she looks for another job.
Is your friend by any chance pregnant? Unsteady on feet and tossing cookies sort of sounds that way...
Has she been off due to illness for quite a while? Does she have some recently discovered condition that may cause them to think they need to get rid of her? They may have decided to get rid of her because she's been off, or had a health issue or just because they were in a bad mood that day, and unfortunately, it is legal for them to do so.
However, if they cannot show that they had a valid misconduct reason to terminate her, then she would very likely be able to be approved for and draw unemployment benefits while she is looking for another job.
She will file a claim for unemployment benefits, they will determine if she has enough monetary eligibility for benefits (has worked for a covered employer for long enough to have wages in the first four of the last five quarters.) If this is a yes, then they will ask exactly why she was terminated. If possible, she should print off and save the exact posting on Facebook that they claim caused the termination. If they gave her anything in writing, had her sign anything, or send her anything later, she should keep a copy of that.
They (unemployment system) will ask if she had any prior warnings or write ups for this issue. They will want to know if there were any specific company policies she was aware of that forbade employees to post comments on Facebook. She will need to say that she had no idea her job was in danger, or that what she posted on Facebook might in any way jeopardize her job.
When they have taken her claim, and she has begun to certify for weeks that pass, she will be required to register for and begin a work search. The unemployment system will contact her employer and ask them the reason why she was terminated. They will obtain both parties' version of the termination, and then will make an initial decision about whether to approve or deny unemployment benefits. Then either party can appeal the decision and if this happens, there will be a formal hearing with both parties present to present their case that the company did or did not have a valid misconduct reason to terminate her and whether she should receive benefits.
She should, UNDER NO CIRCUMSTANCES, agree to sign something saying she resigns. The employer may try to get her to do this in order to try to get out of having her receive unemployment benefits which will affect their unemployment tax rates.
In my experience, medical offices are often some of the most poorly managed places to work in the whole country, with very capricious human resources policies and practices. They may be a well run, well managed operation with clear cut policies and a well written employee handbook, or they may be a bunch of dummies shooting from the hip with this firing.
The doctor's office manager may talk to someone and be told that they have made a mistake by firing her so precipitiously, that she will probably be able to get unemployment, and they may call her back and give her the opportunity to resign "as a favor, to protect your reference" or some such baloney. She should not agree to do it. If you voluntarily resign from a job, you probably will not be eligible for unemployment benefits.
Unless they had some very clear cut policy forbidding employees to use Facebook at all, I do not see anything in what she did from what we see here that could be interpreted as deliberate misconduct. Especially since she did not mention the employer by name or give out any specific information about where she works or trash co-workers. The employer must have been looking pretty hard for a reason to terminate her. While she cannot sue them for doing this to her, she can file for unemployment benefits and use them to help support herself and family while she looks for another job.
Is your friend by any chance pregnant? Unsteady on feet and tossing cookies sort of sounds that way...
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That you all for your reponses. I have passed this along to her.
She had been out of work on and off for a few weeks. She has two kids that both got sick one right after another with some viral stomach flu and then she got it. She could barely move for 4 days. That was the reasoning behind her fb post.
The doctor she works under and all the staff where she work love her...with the exception of the lady who fired her. My friend said this lady has made it quite clear that she doesn't like her...reasoning being that my friends own bend over backwards to kiss her ***. This fb post was her rediculous excuse to get ride of her. The doctor she works under is furious about her being fired because she is one of the best nurses there.
I go to this office myself and can say that she is a damn hard worker and this is just rediculous! But I have not doubts that other offices will be chomping at the bit to get ahold of her. She has sent out resumes and has already had several offices call her wanting interview.
Thanks again for all your responses!
She had been out of work on and off for a few weeks. She has two kids that both got sick one right after another with some viral stomach flu and then she got it. She could barely move for 4 days. That was the reasoning behind her fb post.
The doctor she works under and all the staff where she work love her...with the exception of the lady who fired her. My friend said this lady has made it quite clear that she doesn't like her...reasoning being that my friends own bend over backwards to kiss her ***. This fb post was her rediculous excuse to get ride of her. The doctor she works under is furious about her being fired because she is one of the best nurses there.
I go to this office myself and can say that she is a damn hard worker and this is just rediculous! But I have not doubts that other offices will be chomping at the bit to get ahold of her. She has sent out resumes and has already had several offices call her wanting interview.
Thanks again for all your responses!
LOL, wow! Now I'm red in the face! I may be a teacher but if I type anything after 8 p.m. all bets are off! By this time in the evening my spelling typing skills are quite sad!
commentator
Senior Member
Even though she may find another job very soon, this friend needs to file for unemployment benefits immediately. If they wanted to fire her for being out quite a bit with sick children, she would have been able to provide doctor's statements, and would have probably qualified for unemployment insurance easily.
They may have elected to try to push this Facebook posting thing thinking they were firing her for misconduct and that would keep her from drawing. I believe they are likely wrong about that, if this was really all she posted.
And even though she is well qualified and may soon have another job, the few weeks she is off should be covered by unemployment insurance. Though she may not get it for a while, every week after she files a claim will eventually be paid if she is approved for benefits except the first one (waiting week).
Once again, the unemployment deal is exactly what they may fear, and exactly what she needs to file, even if she finds another job. She'd still be entitled to a week or two of benefits between jobs if she files and gets approved. And as I have said, it's not welfare, it's a legitimate assistance that will be charged against the employer if they have fired her without a valid reason.
I am glad everyone, including the poor helpless doctor who loved her so,(and although he is the owner of the business and makes life and death decisions about health care is helpless to stop this clerical person under his supervision from firing her. You do realize this is bull&^^%, don't you?) agrees that the big bad person of the piece is that one woman who just doesn't like her.
But she should ask him quickly for a wonderful letter of reference, just in case he turns against her when he finds that she is not going to meekly accept this and go away without the unemployment benefits she is entitled to.
I have seen many cases where, although it is illegal to do so, an employer has written scathing letters or actually threatened a former employee who has been fired ("If you file for unemployment against us, you'll never get another job in this town, I'll see to it!" or "I thought you were a better person than to accept welfare.") The tenderest area of an employer's body is that pocketbook. If they fire you unjustly, unemployment insurance is the legitimate recourse that should be used.
They may have elected to try to push this Facebook posting thing thinking they were firing her for misconduct and that would keep her from drawing. I believe they are likely wrong about that, if this was really all she posted.
And even though she is well qualified and may soon have another job, the few weeks she is off should be covered by unemployment insurance. Though she may not get it for a while, every week after she files a claim will eventually be paid if she is approved for benefits except the first one (waiting week).
Once again, the unemployment deal is exactly what they may fear, and exactly what she needs to file, even if she finds another job. She'd still be entitled to a week or two of benefits between jobs if she files and gets approved. And as I have said, it's not welfare, it's a legitimate assistance that will be charged against the employer if they have fired her without a valid reason.
I am glad everyone, including the poor helpless doctor who loved her so,(and although he is the owner of the business and makes life and death decisions about health care is helpless to stop this clerical person under his supervision from firing her. You do realize this is bull&^^%, don't you?) agrees that the big bad person of the piece is that one woman who just doesn't like her.
But she should ask him quickly for a wonderful letter of reference, just in case he turns against her when he finds that she is not going to meekly accept this and go away without the unemployment benefits she is entitled to.
I have seen many cases where, although it is illegal to do so, an employer has written scathing letters or actually threatened a former employee who has been fired ("If you file for unemployment against us, you'll never get another job in this town, I'll see to it!" or "I thought you were a better person than to accept welfare.") The tenderest area of an employer's body is that pocketbook. If they fire you unjustly, unemployment insurance is the legitimate recourse that should be used.
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