Fired for Refusing to Reveal Facebook Password

[Triumph]

That is why I believe this time it's a valid reason as all the teacher sex scandals could cause a issue if they did not investigate it and probably want to see what teacher it was doing this.

So a teacher's entire life is open to your investigation?

 

[Eli]

That is why I believe this time it's a valid reason as all the teacher sex scandals could cause a issue if they did not investigate it and probably want to see what teacher it was doing this.

The whole problem I have with it regardless is that it's none of their f'ing business in the first place. Why should she be obligated to "give up" the picture?

You mean people aren't mindless drones whose only purpose is to work? They have lives outside of their employer? They party and have fun?

We must put an end to this immediately! 🙄

 

[Newbian]

So a teacher's entire life is open to your investigation?

If it involves a teacher working with kids and said teacher is posting these types of pictures and parents complain it can be.

Otherwise the school could be opening themselves up to a lot bigger lawsuits if they didn't investigate something that could easily be a sign of a teacher / student relationship or at the least bad judgement on the teachers side and making sure it was nothing erotic and students were not seeing it.

Sure it sucks but if you saw a teacher your kid goes to school with posting these types of pictures you wouldn't want to find out who it was and make sure it's nothing serious especially when said pictures sounds like it was made somewhat public?

 

[Jeff7]

i really don't get the thought process behind what makes someone think this is any where near ok?

You've got people firmly in the "if you're not doing anything wrong, why do you care if the government's in your business?" camp. They don't seem to understand that "wrong" is highly subjective, and is ever-changing.


The other sad part: I can say that I deleted my Facebook account, but given that Facebook says that it can take months for accounts to get deleted, and given that storage space is so cheap, and given that user data is their business, I don't know if that account deletion ever actually occurred.
(Months to delete something? What are they running, 33rpm vinyl hard drives?)

 

[zinfamous]

I classify this as some fucked-up bullshit.

 

[lxskllr]

Otherwise the school could be opening themselves up to a lot bigger lawsuits if they didn't investigate something that could easily be a sign of a teacher / student relationship or at the least bad judgement on the teachers side and making sure it was nothing erotic and students were not seeing it.

Sure it sucks but if you saw a teacher your kid goes to school with posting these types of pictures you wouldn't want to find out who it was and make sure it's nothing serious especially when said pictures sounds like it was made somewhat public?

You fix our broken legal system for that, not erode civil liberties even further.

I couldn't care less what the teacher does on their time. It's their time to use as they see fit, not mine.

 

[Imp]

Turns out it's actually illegal to ask for a password like this in Canada. Yay us...

 

[Gargen]

Teachers aide fired for refusing to reveal Facebook Password.

Since this person was fired, it is a bit different than the previous discussions concerning being asked for a Facebook password during a job interview.

Interesting situation. Wonder if this will actually make it to court...

Uno

Do I understand this correctly?

This lady posted a picture of a coworker with her pants pulled down to her Facebook account and shared it with her friends.

But after one of her Facebook friends complained, she won't share the photo with the administration because that would violate her privacy?

People really believe that they can post private photos online? And later claim that they are private...

Amazing!
Uno

Is it just me or did the OP just troll his own thread.

 

[Triumph]

If it involves a teacher working with kids and said teacher is posting these types of pictures and parents complain it can be.

Otherwise the school could be opening themselves up to a lot bigger lawsuits if they didn't investigate something that could easily be a sign of a teacher / student relationship or at the least bad judgement on the teachers side and making sure it was nothing erotic and students were not seeing it.

Sure it sucks but if you saw a teacher your kid goes to school with posting these types of pictures you wouldn't want to find out who it was and make sure it's nothing serious especially when said pictures sounds like it was made somewhat public?

Until opinions like this begin to change on an individual level, they're just going to perpetuate "the way it is."

 

[Newbian]

Until opinions like this begin to change on an individual level, they're just going to perpetuate "the way it is."

True and I am against asking for it upfront or randomly saying you have to supply it after working for someone for a time or with no cause but this time there was decent cause to find out who the teacher was.

 

[Newbian]

You fix our broken legal system for that, not erode civil liberties even further.

I couldn't care less what the teacher does on their time. It's their time to use as they see fit, not mine.

The problem is right now there is no law protecting you so it doesn't fall under that sadly.

 

[lothar]

If you're on Facebook, there isn't any reasonable expectation of privacy.

 

[zinfamous]

If it involves a teacher working with kids and said teacher is posting these types of pictures and parents complain it can be.

Otherwise the school could be opening themselves up to a lot bigger lawsuits if they didn't investigate something that could easily be a sign of a teacher / student relationship or at the least bad judgement on the teachers side and making sure it was nothing erotic and students were not seeing it.

Sure it sucks but if you saw a teacher your kid goes to school with posting these types of pictures you wouldn't want to find out who it was and make sure it's nothing serious especially when said pictures sounds like it was made somewhat public?

If there are untoward allegations regarding a teacher/student relationship, you simply do not demand access to FB to prove such allegations.

You lay the burden of proof on the accused/suspected to defend themselves. If they are unable to prove their innocence, perhaps by remaining adamant that their FB account remain hidden from school authorities, then you fire them. Explain to them what will happen when they refuse to defend themselves against such allegations, and the repercussions of such, and fire them.


boom. done.

 

[dennilfloss]

If you reveal your password, you not only violate your privacy and the EULA but also the privacy of everyone you've accepted as a Facebook friend.

 

[paperfist]

With friends like these...

I wonder why she didn't give the school her Facebook log-in info so they could see the pic through her account?

If I was the aide I say show me yours and I'll show you mine 😉

 

[pcgeek11]

With friends like these...

It should have said " Former Friend ".

 

[drebo]

Teacher's aides are generally not a part of the teacher's union. In our district, the support staff do have a union, but their union is completely independent of the teacher's union. While I can't speak for every state, I doubt that teacher's aides are part of the teacher's unions in Michigan as well. Whether or not she actually belongs to a union isn't stated in that article.

However, where are all those people who come into union threads saying "employers should be able you to fire you for anything they want", "right to work states", etc.? Cases like this indicate that it won't be long before the pendulum starts swinging back the other way toward unionization for employees to protect their rights from employers (who are beginning to have an excess of power again.) Then, the unions will be too powerful and the pendulum will swing back again.

We shouldn't need unions to protect ourselves from common sense.

If an employer wants a background check on me, they can call a PI and have me followed (as long as I am not harassed.) They do not, however, need to know the status or pictures of my facebook friends.

Yes, the TA was stupid for allowing a student's parent to be "friends" on facebook. However, it is simply preposterous that she should be fired for something that happened off-hours and was completely unrelated to her job. Now, if she was badmouthing people at her job, that's a different story...but that doesn't appear to be the case.

 

[pcgeek11]

My very broke son applied for a job at a big box tech store and he doesn't have a facebook account - they said they couldn't interview him for a job since he wouldn't give them access to his facebook information. I think he's lucky they wouldn't interview him - I wouldn't want to work for a place that stupid.

Wow that makes no sense at all. How can he give them access to something he doesn't have.

 

[MotionMan]

Stipulating that you have more legal experience than I do, I still have to question the assertion that showing the Facebook page while logged in is functionally equivalent to granting them the password.

In the latter case, the school official would have unfettered access to her page until such time as she was able to change the password. As a practical matter, this would, for the majority of the population, also mean that the official would have access to many of her other online accounts (the vast majority of people use the same password over and over again). This just isn't the same thing as her sitting at the keyboard while the official looks over her shoulder. If she's the one sitting at the keyboard "driving" she need not reveal the actual password, and she can log out immediately rather than trusting the school official to do so later.

I'm not sure that the distinction will be meaningful within the set of facts at hand in this case, but I can definitely see reasons for differentiating between the two actions (if only insofar as deeming a demand for the password itself as a greater offense).

ZV

Though true, this does not factor into the issue. She could simply change her password to something unique (for her) and give that and you would functionally be in the same place: Her employer would be able to see her Facebook account as the logged in account holder.

I just do not see a difference between her "driving" at the employer's request and giving the password.

MotionMan

 

[drebo]

If there are untoward allegations regarding a teacher/student relationship, you simply do not demand access to FB to prove such allegations.

You lay the burden of proof on the accused/suspected to defend themselves. If they are unable to prove their innocence, perhaps by remaining adamant that their FB account remain hidden from school authorities, then you fire them. Explain to them what will happen when they refuse to defend themselves against such allegations, and the repercussions of such, and fire them.


boom. done.

Except that's not how due process works.

You're not allowed to go on a fishing expedition to find something to charge a person with. You have to have the evidence before hand.

Otherwise, the government/employer could just accuse anyone of anything and get full access to whatever the hell the want. Clear 4th ammendment violation, and clear wrongful termination lawsuit.

If they have the picture and it's innocuous, there is no reason to "assume" that there are any worse pictures on the facebook page. If you don't have the picture in the first place, there's no reason to believe there's any wrongdoing.

BUT OH THINK OF THE FUCKING CHILDREN! GOD FORBID THEIR TEACHERS/TAS ENGAGE IN SEX OR DRINK ALCOHOL! HOLY FUCKING SHIT, PEOPLE IN AUTHORITY DOING SOMETHING YOU BELIEVE IS WRONG!!?!?!?!?!! KILL THEM WITH FIRE!

You don't like the possibility that your kid's teacher might, you know, have a normal life outside of their job? Send your kid to fucking Catholic school.

Fucking hell, our society is fucking useless. This nannystate, nosey bullshit has to stop. Whatever happened to a reasonable expectation of privacy?

 

[drebo]

Though true, this does not factor into the issue. She could simply change her password to something unique (for her) and give that and you would functionally be in the same place: Her employer would be able to see her Facebook account as the logged in account holder.

I just do not see a difference between her "driving" at the employer's request and giving the password.

MotionMan

You're right. And, either way, the employer would be able to see things which did not belong to the employee--things to which the employer should not be entitled.

Unless it is part of a contract with an employee, an employer has no control over an employee's personal life nor any cause to terminate employment due to said personal life. That includes facebook.

 

[MotionMan]

If you're on Facebook, there isn't any reasonable expectation of privacy.

That does not mean that you should be forced to give up your password or be forced to "friend" your employer. If they can get the information on their own, then so be it.

There are always reasonable expectations involved, even when talking about Facebook.

MotionMan

 

[drebo]

Maybe we should dig up Sen. Joe McCarthy and have a congressional panel question every single US citizen as to their illicit facebook activities, and throw them in prison if they fail to comply or have anything at all that might be construed as "bad" on their page.

That's what a fair number of you are advocating. Jesus, this shit really does come full circle. Will it ever end?

 

[pcgeek11]

This would be a very good reason to Not have a Facebook account.

 

[rchiu]

There is two side to the the story. 1) Employer should never ask for passwords to anyone's privately owned Internet accounts, gmail/facebook/twitter whatever.

But 2) Employees should never use social network to revel work problems, company secret, or make fun of co-workers, complain and demonize co-workers. If someone is found violating that principle, there should be ways for independent party to verify the complain/violation, and for companies to take action.

I have seen social network abused by individuals to do something really tasteless to their coworkers, and something needs to be done about that.