Anyone have any experience with being terminated due to a social media posting?

[05caddyext]

Anyone have any experience with this? I was terminated from my job preemptively for saying something to a coworker who I supervise. The persons friend posted something in spanish about being ignorant for not allowing time off for family events. To which the person I worked with responded something about family being very important in spanish. I then posted that I was not ignorant, and that family is very important to me also, I am just tired of people not asking off when they are supposed to. I had to work extra hours to cover for the person and I was tired of it. I said that if you don't understand why that is frustrating for me, then FUCK YOU. The person then "liked" the comment and posted like^ under it. Hear nothing about it for 2 weeks. Yesterday on my last day of vacation, I get a call from the owner of the store saying that I was being terminated to stop a potential harassment suit because of what I had said in the post. No mention that this person was actually going to quit, which I know is untrue. We are friends. We have been speaking perfectly fine since the incident. I then brought up the fact that the same person posted something a few months ago about the owner being a racist and pays for shit because they are mexican. He said that is fine, they can say whatever they wish, since I am their supervisor, it's different.

So do I have any argument here? I have never claimed unemployment in my life, will I get it? Can they deny me because I was fired for "cause?" How does all that work? I have filed my initial benefits application, but now it just says it's being processed. How long does it typically take to get an answer? Do I have any ground to stand on trying to get my job back? I filed paperwork today with the State Department of Workforce Development for unpaid overtime. I worked nearly 50 hours of overtime last year and was only paid my regular wages, which is illegal in WI.

Any information is helpful here. I worked at this job for nearly 6 years. I am very well respected in the town (very small town) I literally just took out a loan to consolidate my debt about a month ago, which at up all my cash. And they waited until my last day of vacation to terminate me, so I am only owed 1 more paycheck.

[animal]

Seems weak cause to me. Having seen more of the employer side of things though, sometimes weak cause like that means they were looking for a reason to dump you already.... were there any other signs of that?

[Korndogg]

It will be processed by sometime next week most likely. You will get some letters in the mail stating what you will be getting. I'm not sure about the other stuff but I know about unemployment. If you do get it which I'm sure you will, you will not be getting paid your first week so just remember that.

[05caddyext]

So is there anything else I have to do? I filed online. I had to fill out an assessment and upload some resume stuff to the site also. Is there anything else that I have to do but wait? Also, is the max still 363 a week? I was making $19.55/hour full time so do I qualify for the max benefit?

[Korndogg]

The max is $370 now. I would think you qualify for the max. I'm no sure about all the other stuff. I'm union so my work search is waived and all of that. I basically just file and then they pay me.

[Yooformula]

get a copy of your handbook and your ENTIRE employee file(by law they must provide your file with all reviews and any performance counseling) and look over your handbook and check for ANY mentioning of the social media postings. Of course your REMOVED the post by now(not to say that it wasnt copied but..) If nothing was mentioned in the handbook and you have no prev violations, I would fight it but IMO posting something like that when you are a supervisor on ANY public media forum is not a smart thing. If there is no mention in your SIGNED handbook receipt or training manual then you must maintain that you were not aware that speaking about work outside of work was wrong.

[nismodave]

Moral of Story, Keep your work life seperate from your social life.

[blackmage]

you got fired, just move on and find something else. like animal said, seems like a pretty weak case, they might have been looking for a reason to get rid of you.

I have let people go before because of social media postings, but they have been pretty intense arguments or negative postings about our company. Yes, we have all of this in a handbook that everyone signs when they start with the company.

[-stew-]

Or don't use your real name on face book. And don't friend everyone you've ever made eye contact with.

[GHOSST]

That's pretty messed up. I'd move on. I wouldn't even want to work for a guy who fired me under those circumstances. You usually need previous counselings on the same topic to fire someone over it, you can't just fire someone from speculation and misjudgement, well you can, but its ground for possible suit. Seriously though I'd just move on. Seems like good pay, but its not even worth going back to a place that handles things that way. Also, don't even add people from work, unless you are truly friends with that person, been so for years, hangout with them, know thier family, been to their house, and simply gained equal respect and trust.

So far I have one person on my friends list I used to work with, at my current job, in that was at our North Carolina site. I don't want some of these back stabbers to know anything about my personal life. Who knows whos scheming for your position. Matter of fact, my buddy in Carolina kept his head high in bad times, and worked hard, got my old spot when I left, a promotion. I had no say. Haters ran rampant. Everyone works with those type of people who hate and are always in other peoples business. Steer clear of these types of people, and definitely don't add them on facebook!

[MY FYN 79]

Life lesson dude.

Part of the reason you get paid 20 bucks an hour as a supervisor is because you have to manage people and that almost always means taking the high road. With what they said being put in writing, imagine what is said behind your back all the time. Need thick skin these days man, you got sucked in.

[Nickerz]

Contact an employment law lawyer, you'll probably get your job back and at least give you some time to look for a new job while they start organizing the more legal way to fire you. I don't believe "preemptively" firing someone for a "potential" lawsuit is something you can let someone go for the 1st time. About the only two offenses that are able to terminate immediately for are employee theft or violence. But I will say it shows a horrific lapse of judgement. For instance, I caught an employee with drugs ON HIS PERSON and knew if I let him go I'd be paying his unemployment, I wrote him up. Wrote him up again short time later and he quit. It is VERY difficult to legitimately fire someone. And often times an employer can be forced to reinstate someone OR pay them lost wages.

[05caddyext]

That's the thing... I never looked at myself as their superior. I honestly got along with every single person that worked there, only about 15 people. I did exactly the same jobs they did, we all worked together. I never used my position of authority over anyone, basically because I never felt I had any. People certainly weren't accountable to me, everyone had to deal with the owner who worked there right alongside all of us. The girl that I said it to wasn't even upset, it was someone else, im not even sure they work there. They wouldn't tell me. I really enjoyed my job. I put everything I had into it. I am having a hard time even figuring out what else to do. I have worked in retail my entire working career, 18 years. I have already worked for Walmart and Target so they aren't options. I could honestly go back in on Monday and not have a hard feeling towards them for what has happened. The more I read the more "grey" the entire topic seems. I had a co-worker call me today, a part time old dude who just works there for fun, said he was in shock that they fired me. He wanted to hear both sides of the story, they are just telling people there was a conflict with another co-worker. It doesn't really sound like I have an angle though, I am 100% that they have moved on without me.

I sat down with a good friend of mine who is a pretty well known figure in the community I work in. He is also personal friends with the owner of the store. He said that he would be willing to go to bat for me, and I told him I just can't do that. I would like to get together with the both of them and just talk. Kinda use the guy I know as a mediator. He told me I should write him a letter and keep it for a day. Re-read it and see if it still makes sense, and if it does, send it to him. There were a few emails exchanged back and forth between us, myself and the owner, and we both said some things that we probably wanted to get off our chests for a long time. Not sure if there is anything I can really do at this point. Only angle I have is that I really got close to these people over the last few years after my parents got divorced after 38 years of marriage. I am an only child, and things got very messy between my parents, they don't speak to each other anymore, haven't at all since the day the court made its final judgements. I never had a great relationship with my mother, and we still don't have much of one. And my Dad doesn't speak to me anymore at all. Obviously no one here knows all the back-story of our working relationship, but for the most part it was really good. We would have our hashouts every 6 months or so, but I honestly made every decision I did in the business as if it were my own. He told me a few weeks ago that he's never had a person care about their job as much as I do, which is hard for him. He understands my frustrations, but he is a very hands on owner. He has been in business for 35 years so its hard for him to be challenged by someone whos barely even been alive that long. We are on track to have the best year in a very long time so it's got absolutely nothing to do with performance. It has everything to do with just 1 to many clashes of very strong minded people.

[Nickerz]

I'ma give it to you straight as someone who is self employed.

"He has been in business for 35 years so its hard for him to be challenged by someone whos barely even been alive that long. "

"We would have our hashouts every 6 months or so, but I honestly made every decision I did in the business as if it were my own. "

You were overstepping your bounds and this was the opportunity to fire you. Plan it as you wish, but don't EVER EVER try to step into a business owners shoes like they're yours. I'll tell you why succinctly. You care, I get it. That's great. But the bills, fires, bullshit etc don't come home with you the same. It doesn't haunt you at night the same, your phone number isn't on the A\R lists etc. Its just not a smart attitude to have. If you patch things up understand and operate 100% as his employee from there on out and don't pretend to be anything but that, don't treat it as your own business.

I can assure you he doesn't want you to have that attitude, he's been doing it for 35 years because he's fucking good. Most businesses don't last 1 year much less 10 or 35. Take a step back, hash it out like men, get your job back and tell him you won't clash anymore. That's what he wants.

He wants your TALENT but not your BULLSHIT.

[Irish]

^^^ Logical Truth!

[05caddyext]

I can assure you he doesn't want you to have that attitude, he's been doing it for 35 years because he's fucking good. Most businesses don't last 1 year much less 10 or 35. Take a step back, hash it out like men, get your job back and tell him you won't clash anymore. That's what he wants.

He wants your TALENT but not your BULLSHIT.


Here is my logical response to that. I treated it as my own because he was grooming me to purchase the business from them. That was why I was hired. I was hired as a manager who was interested in buying the business when they retired. That's what we were working towards. That's why I felt that way, and that's what I cared as much as I did, because I was trying to purchase the business. We had several real discussions about it with accountants and lawyers. We were headed in that direction. We had a 5-7 year plan laid out to begin receiving stock in the business as a year bonus so that when the time came, I would have some real skin in the game in order to garner a loan to purchase the rest. That is why this is such a big deal to me, it wasn't just my job, it was going to be my life. That's why I am so upset about messing it up. Hope that makes sense.

[Nickerz]

Here is my logical response to that. I treated it as my own because he was grooming me to purchase the business from them. That was why I was hired. I was hired as a manager who was interested in buying the business when they retired. That's what we were working towards. That's why I felt that way, and that's what I cared as much as I did, because I was trying to purchase the business. We had several real discussions about it with accountants and lawyers. We were headed in that direction. We had a 5-7 year plan laid out to begin receiving stock in the business as a year bonus so that when the time came, I would have some real skin in the game in order to garner a loan to purchase the rest. That is why this is such a big deal to me, it wasn't just my job, it was going to be my life. That's why I am so upset about messing it up. Hope that makes sense.

I'll admit that does change things. But did it ever come up even once that maybe they weren't going to sell it to you? Did friends\family come into the picture for the sale? Had you been sold any stock?

This I think would be a more volatile issue than attitude or social media.

[05caddyext]

No, that never came up, and no no stock was ever sold. They are in the process of trying to open another business for their daughter to run, not a hardware store, a completely separate entity. That has been taking up a lot of their time. We had also agreed that we both needed more time to look into it. We had basically just laid out the VERY general groundwork for how it COULD happen at some point in the near future. That is all that we accomplished so far. But no, it never came up that there was anyone else involved, or that they had changed their mind.

[05caddyext]

I really would like to get a lawyer to look at it, problem is I literally don't have any money. I was living paycheck to paycheck just like everyone else I know. I just took out a huge signature loan at the bank with 0 collateral to pay off all of my credit card debts, as well as a loan i took out last year to have some emergency work done on my house when my basement flooded. $20,000 1 month ago. It's all gone obviously, I payed everything off with it. But in the long run I would save literally thousands and thousands in interest. Ive got enough cash to make my bills this month, all 3 of my payments are at the same time. House, loan, and car.

[Korndogg]

Most banks will work with you and figure out a plan if you tell them right away that you lost your job.

[95 TA - The Beast]

For all you know they have ZERO interest in selling to you now (ie, the might just be hedging this business against the one for their daughter) and this gave them the opportunity to remove you as being a moral "stumbling block" in doing just that.

For the record, it is foolish to even get into bed, so to speak, with someone that has family that they will want to "provide for" long-term. Their daughter means everything and you don't mean squat. sad reality of the world, and I hope I am wrong, but in general most will take to take the cash and run. Who knows, maybe this incident gave them the idea that you buying it won't work out, so it was easier to cut you loose and now they can pursue a "real" buyer on the quick where the can cash out and help their daughter with the time and money gained...

Sorry, far too many alarm bells to get involved with a situation like that. If they didn't have a daughter (or any children, really) and you were liked "as a son" and given that opportunity, all the better and a great situation to be in. But, for what you have it is a lose-lose-lose if anything ugly rears it's head, and, of course, it obviously has.

[Lash]

I would move on a concentrate on getting a new job. Mulling on this isn't going to help your situation.
Good luck!

[wrath]

Chances are one of your "subordinates" now has your job making $14.55 an hour.

While a lawsuit, real or not, will motivate small business owners to do something stupid... they were already looking to get rid of you. They likely knew you lived paycheck to paycheck and wouldn't be able to afford a lawsuit to get severance or your job back and with that knew you'd never be able to "buy the business". For them, this is a way safer bet than if someone really did spark up a lawsuit against them due to your words. And you served as a warning to others. With that, you served as a warning to the people on this forum.

I'm sure they appreciated and took advantage of all your hard work.

I'd spend all of your efforts looking for a new job and see about finding a reference or three because if you want a management job you're going to need it. If you want to feel better then leave the business disparaging but believable reviews on Google and Yelp and wherever else they're registered.

[05caddyext]

And that was going to be my next question, and then I will not dwell on this anymore. If they were really planning on getting rid of me in 6 weeks as he said anyway, how exactly could they do that? I have absolutely nothing in my file, no discipline, nothing. So they would just say "it's not working out?" and then what? Plan on paying unemployment for sure? I don't understand how that works I guess. And as far as going after them and trashing them, I would never do that. I still care what happens to the business, as I said a lot of those people are my friends. The owners are also very important to me on a personal level. I would never knowingly hurt them or their business.

[95 TA - The Beast]

I am far from the type to be bitter and malicious, but it is OBVIOUS they screwed you. They don't care about you, AT ALL, otherwise they would have let you go with severance, not an unjustified firing.

Any way you look at it, they are scum. If your file is, in fact, totally clean, then they have ulterior motives here that do not justify any sort of consideration on your part.

As Wrath said, they took advantage of you. Be it that they already have someone interested in buying the business (which is the most plausible case given what you have already stated), or that they just don't like you anymore, it was basically taking advantage of you and "planning" on removing you at their earliest convenience to "get rid of the moral issue" they created when they talked about selling you the business at some point.

End result is you need to worry about YOU. They OBVIOUSLY are not. That means you sue to get your owed overtime. You sue to get your job back and buy yourself some time to find another position elsewhere. Otherwise you take it in the ass, like a chump (regardless of whatever social stupidity you did that was of your own making, they took advantage of it), and move on. But I would NEVER let someone like that just get away free and clear without some sort of fight. Since it is obvious they were NEVER upfront with you.

And, hell yes, I would most certainly let everyone know the kind of ugly shit they pulled on you. You don't have to say the store sucks, but let people know exactly what they pulled. Let people make their own decision to support their "long-term" business if they want, but let them know the facts. If it is as small of a community as you say, it WILL hurt them and they deserve it.

Sorry, far too much bullshit from "business owners" that take advantage of others for their own gain. They gained by not paying you and having you work as if you had a stake, when you had none. People that make "promises" of the future without putting any real "skin" in the game (ie, giving you stock as a bonus already, or giving you authorities that are in-line with "owners") are just taking advantage of others. Seen it time and time again and only the "business owner" is making out and gaining.

And screw the whole "boo hoo, we are business owners with all the risk and responsibility, so screw everyone else", since I can tell you straight out that those types are looking to take advantage of everyone else as much as possible since they feel "entitled". And yes, they DID NOT get where they are on their own merit. They got there by hiring the right people (or having the right people as partners if they don't have employees). If they are the "head honcho" with only employees, then yes, they take advantage of their employees and are taking the lions share of the profits. VERY FEW business owners are good to those that help them get to where they are at in a reasonable manner, and it only seems to be getting worse. Welcome to "fuck the employees" of America.

[-stew-]

I don't believe they need any reason to fire you. Them not wanting you to work there is all that is needed for them to take actions so you don't work there anymore.

[LIL EVO]

Wisconsin is at will employment so unless there was some type of contract?

[05caddyext]

No contract. Still just thought there had to be some reason, but I guess that is only if they don't want to pay you unemployment after getting fired.

[05caddyext]

So whos got a job for me?

[LIL EVO]

What can you offer?

[Nickerz]

I don't believe they need any reason to fire you. Them not wanting you to work there is all that is needed for them to take actions so you don't work there anymore.

Well its a bit more complicated than that. There are avenues you need to go through which are somewhat cumbersome that often mean paying unemployment and filing forms with the state. What this employer has done is try to build a case against the worker so that they can try to wiggle out of unemployment etc. This will not be remotely close to meeting the burden for that, and when you fire someone for reasons that aren't justifiable, you risk having to rehire them. At will does mean your employment can be severed at will, it does not mean you can be fired at will for any reason. There is a subtle but important distinction there.

I would say this likely merits some consultation with employment lawyers. Employment law is one of the few areas the little guy has a VERY strong advantage in. Don't forget, the state doesn't want to be supporting people who get fired from jobs. So they make the burden to do so fairly high and there's an exit price for every employee. The last thing the state wants to do is for someone to dip in beyond their unemployment fund contribution and have to chase that money down. Just like child support they've got the system rigged so they don't have to do jack shit while they act like the state is "looking out for you" when really they're just taxing every employer up front hoping they never have to get involved should the amount on the back side get bigger than the front.

So fucking sick of paying taxes out my ass to hire Americans =|

[05caddyext]

What I've got to offer...

Ive got 18 years of retail experience. I have worked in the grocery industry for 12 years. I have almost 6 years of hardware management experience. I worked at the Target distribution as a temp and as a full time employee for about 6 months. I have a Bachelor of Business Administration from UW-Whitewater and also a 32 credit minor in Occupational Safety and Health. I am a home owner so I know quite a bit about fixing up stuff, electrical is def my weak point. I am pretty good at plumbing, but don't solder haha. I am proficient with computers, have an exemplary driving record.

[LIL EVO]

Sounds like you would be able to get into any retail clothing place as a manager, even if it's just temporary. They usually start around 40k.

[05caddyext]

Clothing store? Why would I be qualified for that? I have no experience in hard-lines. I imagine the turn-over is huge at those places too.

[LIL EVO]

Well you said you had 18 years of retail experience and some management. Doesn't matter what element. That's exactly what they want.

[-stew-]

On a related note, someone just got kind of a serious slap on the wrist where I work because of somethings they said/posted on the old bookface...

[USMARINE1108]

Sounds like you would be able to get into any retail clothing place as a manager, even if it's just temporary. They usually start around 40k.

I know someone that is a manager at Boston Store (manages 2 departments) and makes $25k.

[LIL EVO]

Salaried manager? No way

[USMARINE1108]

Salaried manager? No way



Yup. But remember, Boston Store is going downhill fast.

This manager is in charge of one of the largest departments and beats every other store in their big sales. Been there for 5 years, 3 as a manager.

[LIL EVO]

Alright, then I should rephrase.. specialty retail

[kevcuda]

I would never be caught on social media with someone I supervise or work with. Your asking for it doing that. Work outings is one thing but I would never go beyond that.

[MY FYN 79]

I am far from the type to be bitter and malicious, but it is OBVIOUS they screwed you. They don't care about you, AT ALL, otherwise they would have let you go with severance, not an unjustified firing.

Any way you look at it, they are scum. If your file is, in fact, totally clean, then they have ulterior motives here that do not justify any sort of consideration on your part.

As Wrath said, they took advantage of you. Be it that they already have someone interested in buying the business (which is the most plausible case given what you have already stated), or that they just don't like you anymore, it was basically taking advantage of you and "planning" on removing you at their earliest convenience to "get rid of the moral issue" they created when they talked about selling you the business at some point.

End result is you need to worry about YOU. They OBVIOUSLY are not. That means you sue to get your owed overtime. You sue to get your job back and buy yourself some time to find another position elsewhere. Otherwise you take it in the ass, like a chump (regardless of whatever social stupidity you did that was of your own making, they took advantage of it), and move on. But I would NEVER let someone like that just get away free and clear without some sort of fight. Since it is obvious they were NEVER upfront with you.

And, hell yes, I would most certainly let everyone know the kind of ugly shit they pulled on you. You don't have to say the store sucks, but let people know exactly what they pulled. Let people make their own decision to support their "long-term" business if they want, but let them know the facts. If it is as small of a community as you say, it WILL hurt them and they deserve it.

Sorry, far too much bullshit from "business owners" that take advantage of others for their own gain. They gained by not paying you and having you work as if you had a stake, when you had none. People that make "promises" of the future without putting any real "skin" in the game (ie, giving you stock as a bonus already, or giving you authorities that are in-line with "owners") are just taking advantage of others. Seen it time and time again and only the "business owner" is making out and gaining.

And screw the whole "boo hoo, we are business owners with all the risk and responsibility, so screw everyone else", since I can tell you straight out that those types are looking to take advantage of everyone else as much as possible since they feel "entitled". And yes, they DID NOT get where they are on their own merit. They got there by hiring the right people (or having the right people as partners if they don't have employees). If they are the "head honcho" with only employees, then yes, they take advantage of their employees and are taking the lions share of the profits. VERY FEW business owners are good to those that help them get to where they are at in a reasonable manner, and it only seems to be getting worse. Welcome to "fuck the employees" of America.

And I SUPPOSE you have 100% of the FACTS from both sides to base this BOLD statement on, correct? Please.

[Gregor]

When will people learn to stay the hell off of social media when it can be used as a weapon against you?

[-stew-]

So did you get your job back, or did you get a new job?

[05caddyext]

As mentioned in another post, I didn't go after them because right after this happened, my Mother passed away unexpectedly. I did get a different job at another Ace hardware, but took a pretty large paycut. Right now I am just trying to move forward. I learned when my mom died that you might not always get tomorrow, and I can't keep living in the past. What I can change is what I do moving forward.