|I'm wondering if anyone here has knowledge of labor laws in California ... Here is the scenario... Is it legal?|
My friend posted something on his Facebook insulting the owner of his company (he called her a fat stupid c*nt).
She is not his Facebook friend, however a few of his co-workers are.
He took it down within 24 hours, but as you might imagine, word got out.
A few days later my friend got called into the Human Resources department for a meeting with the head of HR and his manager (not the company owner he insulted, but his immediate supervisor who is a level between himself and the company owner/big boss.)
They told him that it had been brought to their attention that he had been posting "harmful things about the company" on his Facebook, and the person who brought it to their attention showed them his Facebook page (which is not open to either of these two).
They said that they determined he had not posted harmful things about the company ... what he said about the company owner was protected by free speech rights ...BUT. Upon reviewing his Facebook page they saw that he had posted some items during his work shifts at the company. They took out a file and showed him printouts they had, of his Facebook page, with three items (a link, a video, and a status update) posted during work hours in the past few weeks. (They also had a printout of his status update about the company owner ... seems like this was only to intimidate him/show him the company owner knows what he said? ...because they confirmed this was not anything he could be punished for.)
Anyway they said he violated company policy about being on Facebook during work hours, and they suspended him for 10 working days without pay and put him on some sort of work probation.
So I am wondering if it is legal for them to do this ... given they were never authorized to see his Facebook to begin with?
It doesnt seem right to me, but with the job market the way it is, my friend doesn't have much choice except to suck it up and take the punishment.
Just wondering if anyone has knowledge of California labor laws and if this action was indeed legit.
Punished for Facebook indiscretion: is this legal?
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