Employee fired for MySpace page sues: Who wins?
November 20, 2008 by Sam NarisiPosted in: Communication, Compliance, IT employment, In this week's e-newsletter, Latest News & Views
For some reason, many employees are surprised when inappropriate content they put on the Web is read by their boss. A few even go as far as suing the company once they’re disciplined or fired because of it.
Jeffrey Spanierman was non-tenured high school teacher in Ansonia, Connecticut — until he was fired because of his MySpace page.
He said he created the page to communicate with students outside of school and build a better relationship with them. But parents and school officials weren’t too pleased when they saw what was on the site.
The profile, in which Spanierman called himself “Mr. Spiderman,” contained nude photos of men, foul language and inappropriate conversations with students (including one about whether a student was “getting any,” presumably referring to sex).
The school ordered him to take the profile down. He did, but then put an identical page up shortly after and was promptly fired.
Spanierman sued, claiming his right to free speech was violated. But the court ruled in the employer’s favor. The MySpace page was clearly inappropriate and raised doubts about his ability to do his job. Therefore, the school made the right choice when it fired him.
Can MySpace get someone fired?
Can employers terminate workers based on their online activities? It’s a complicated question and one that has yet to be fully tested in court.
Things get tricky with public employers, who are subject to First Amendment restricts. Also, some states have laws against terminating workers for off-duty conduct.
But as this case shows, what makes it onto the Web can end up being job related. Other employees have been fired after bragging online about stealing or lying about skipping work. Some employers have let people go out of fear that a worker’s stupidity could damage the company’s reputation.
In those situations, employers shouldn’t expect any legal trouble.
What has your experience been? Have you or another manager come across an employee’s online profile? Ever fired anyone because of it? Let us know by leaving a comment below.
Cite: Spanierman v. Hughes
Tags: First Amendment, Myspace, social networking, teacher
November 25th, 2008 at 10:59 am
No discipline here at work so far, but they have published a “no inappropriate content nor disparaging remarks to be put into blogs, facebook, myspace, etc. by employees regarding other employees or the Company”.
How unfortunate that employees don’t have enough common sense. If you dont’ have the courage or gumption to say something to someone’s face, you ought not say it at all !!!
November 25th, 2008 at 1:57 pm
This may be indicative of one of the benefits of growing up and living in a small community. I’m in management but our younger employees have allowed me to be linked and none of their profiles is more inappropriate than expected. They’ve always lived under the watchful eyes of people who know them.