http://edition.cnn.com/video/#/video/crime/2009/06/23/am.cho.myspace.firings.cnn
This is a link to a short video clip from CNN about two female restaurant workers who were fired by the management of a Houston restaurant located in NJ. The women were let go because they made some nasty comments about their boss(es). The crux of the story is that these comments were made between the two women while they were at home, off working hours, and through their MYSPACE sites. The issue of an "expectation of privacy" was certainly was something neither lady had worried about when exchanging the comments to each other. The manager got into their account (the report does not say this was accessed) and discovered the comments and then terminated the employment of the two women.
The case went to Federal Court where a jury found in favor of the two women and claimed that management acted "maliciously." The jury further found that management violated survalence laws. They did not rule on any privacy laws in this case.
I agree with the jury's decision and feel that this matter should be taken one step further. In our own homes we do have an expectation of privacy. The two women were clearly conversing with each other on their own time and under the First Admendment should have the protection of freedom of speech. An employer may not what is being said about them but that should not give them cause to carry out dismissal of employees. Also, what should come to question is how did this employer gain access to a private MYSPACE account.
If two students do not agree with the way the college is carrying out its curiculum and say so to each other off campus in private conversation should the college have the right to dismiss them just because it doesn't like or agree with what was said? How much will our personal freedoms be intruded upon before laws need to be enacted, which shouldn't even have to be enacted in the first place, to protect our freedom of privacy? Will we become a nation of proclaiming freedoms and civil rights only to have to "whisper" our thoughts or worse - be in fear of even speaking them to anyone?
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We definitely need to be more careful in what we share in public forums. I guess we always have but in the past we werent subject to the comments being saved and viewed again and again.
ReplyDeleteI have a person working for me that friended me on Facebook and he then proceeded to join all the legalize marijuana and secession groups he could. I de-friended him because I just didnt want to know that much non-work information about him in case it would bias me when it came time for reviews. the bottom line is to remember that not everyone is your "friend". Look at Michael Phelps and his party caught on a camera phone. that was one of his "friends" too.
With all of the social site now on the internet. Employers should start setting more privacy boundaries for associates and management.
ReplyDeleteI agree with the jury's decision as well. People have the right to express their ideas and thoughts about issues even if they are disagree with their boss' ideas and thoughts. Especailly since it is was done on their own time they should be allowed to talk about work. Also this case does seem to show you that you need to be more careful about the things you say and who you trust. However it is not right that the management of the company fired the women because of the things they said on their own time.
ReplyDeleteI agree with you 100%, Britt.
ReplyDeleteI was told today that my company had instituted some new guidelines around personal blogs. cant wait to see what rules I'm breaking right now...i never told you guys who i work for right? :)
I agree with everyone's comments. I guess in the past we never noticed our privacy being exposed so much because we never really had the Internet to just put it out there. Now, if these workers had made the comments during work hours, on the job, or through the work/company site then I can see management having a reason to take actions. But to make comments about your boss or even a coworker in the privacy of your own home, where you expect a certain amount of privacy should be permitted. How far will "spying" be allowed to go? And really think about this - what if it were to happen to you? Just how would you feel about it? This is a little too scary.
ReplyDeleteSounds to me as if the employer is just trying to be the tough guy and prove a point. Not sure what the big deal is about venting to a friend. Have we not all been there at some point, regardless of who we were talking about. Just because the information happened to be on-line, does not make it public. These sites have passwords for a reason!
ReplyDeleteThis just makes you think about everything computer connected. I know at school they can tell a lot about what your looking at and it just makes you wonder what they would be able to get into on your computer and everything. It also just makes you think that if they can see what your working on in class then they can tell what your going to and maybe even see what your going through even when they are just the lab computers and not the teachers classroom computers. Everything technological just gets fishy.
ReplyDeleteyou should always assume when using a public computer that you're being watched.
ReplyDeletethe odds of someone really watching you are slim when you consider the number of people that actually use the computers vs. the number of people paid to support them but the capability of watching you is always there. All it takes is someone to take "an interest" in you and getting more information on you is relatively trivial especially if they have access to the network you're using.