Free speech, social media and the workplace

[TerryMathews]

Yeah I wish it was just a slap on the wrist. I lost 2 days of pay, and was given a final warning. Anymore actions will be immediate termination.

They said I posted "negative comments about patients, management and physicians." in violation of customer service standards. That's right guys, the jokes I posted by two physicians and attributed to them, because well they told the joke, are negative comments about them. And HR was apparently most concerned about those two jokes more than anything else.

HR straight up wanted to terminate me. Manager said no and kept me on but with a final warning. The entire conversation was somewhat surreal...when I asked what I really did wrong, I was told I damaged the trust of the "team." I explained to my boss that I felt targeted, and that I work in a hostile workplace because who can I trust to not stab me in the back. She told me I should just apologize to my team members for what I did wrong, I said who should I apologize to? No one even knows what happened(yet), and moreover how can I apologize when I don't know who to apologize to. I asked can you tell me who did this so I can have a discussion with them. Absolutely not I was told. Apparently there were printed screen captures that were turned in(including one post that I made that I wasn't made aware of previously). I asked if I could see the printed screen captures. I was told absolutely not.

I asked to be granted 5 days to file a grievance and to be able to talk to our facility director and HR as well.

As far as being targeted, my boss stated as far as they are aware no one is targeting me. I kind of blew holes in that however. I asked her point blank if someone went through 10 months of facebook posts to find the ones that would lead to me being in trouble, then took screenshots of those posts, then printed them off and took them to management(which is apparently how things went down)....how would you feel? Manager replied, "I would feel like I was being targeted."

When I asked if based on previous incidents if it was the same person that was coming to her with complaints, I was told "well I don't know that"

Like it is hard to explain using just words but the whole meeting felt...odd. I mentioned to my boss about how this was a clear violation of my personal privacy, and a violation of using facebook, the reply was essentially well the company policies come before anything else and that the team was being severely damaged by these posting(including the jokes!)

When I mentioned that I felt my privacy was violated again and stated that I would be looking into potential legal action/NLRB concerning my punishment and privacy violations, I was quickly rebuffed that I wasn't fired so there was no legal wrongdoing. To which I replied the NLRB has said humor, satire, sarcasm, etc are free to be posted without fear of reprisal/suspension etc, as long as said post is not defamatory/derogatory/libel/slander against a specific person/business which none of my posts were. I got a blank stare and a change of subject as a response.

And probably the most annoying part was being told that I need to apologize to the two doctors in question and that I needed to talk with my "team" and tell them I would always be there for them...which is odd considering no one has ever complained about my lack of teamwork in the two years I've worked there, nor has anyone complained that I abandoned them etc etc. It was also really reassuring that when I stated how can I manage to be a good team player and worker when I am one backstab away from being fired even if it's the most minor thing. I said, how can I trust anyone I work with besides my 3 work friends? The response was along the lines of well you'll have to work something out and maybe apologize to people who might have been offended by your actions.

Except I have no idea who was offended/doesn't like me in the first place because I apparently have no right to face my accuser.

FWIW I'm already working the lawyer angle, and doing some research on the NLRB this afternoon. I've also been tweaking my resume a bit, and checking a few other places to work just so I know what is out there, and just in case. The strange thing is despite all this crap, I'd love to stay where I'm at, it's a great place to work TBH, I really like the whole setup, it is just unfortunate that this is happening, but I'm trying to prep for all possibilities. Sorry for the rambling long post I'm in a bit of emotional frustrated shock right now.

Keep in mind, NLRB decisions are generally public.

You're getting screwed, and you need to find a new job but NLRB action will damage your future career opportunities even though it isn't supposed to.

That said, I still think it's the best Avenue of action to pursue if you want to do "something".

 

[CrackRabbit]

Seeing your posts TraumaRN, has completely re-affirmed my decision to have any type of social media account.
If I were you I would seriously consider unfriending anyone who you are not immediately close to or need to contact with at a minimum or simply delete your facebook account all together.

 

[TraumaRN]

Keep in mind, NLRB decisions are generally public.

You're getting screwed, and you need to find a new job but NLRB action will damage your future career opportunities even though it isn't supposed to.

That said, I still think it's the best Avenue of action to pursue if you want to do "something".

Yeah I'm quite aware of that. I just feel this great amount of injustice with this. Its clear I'm being targeted and my boss playing dumb about it just reinforces the idea in my head. I've got a pretty good idea who it is as well and this particular person has made remarks in the past about needing religion to be moral. Moreover I've clashed with this person in the past over things and won all those clashes so to speak, so they'd have motive for revenge against me. Makes me sound like nutjob but I'm going simply with the occams razor approach.

 

[Craig234]

Not that it matters, but consider that the meeting was staged - in that HR wanted to terminate you but your manager said no.

That's an approach they'll take for the purpose of getting you to take it seriously while preserving the relationship with your manager - good cop, bad cop.

Your best bet is to agree to the standards they are demanding enthusiastically, express regret there has been any issue without admitting fault, determine what their triggers are, don't give them more ammo. Pretend at least to accept their message your boss was defending you and you appreciate it.

As far as the person you think did this - avoid any behavior with them where you look bad. How did they know you're an atheist? Makes you look like you are out of line.

Keep monitoring their actions. Maybe they'll do something clearly out of line and that's ammunition for you against them.

There are books on 'how to deal with unreasonable people' in these situations.

It sounds like you were pretty resistant about their messages, and they predictably basically said 'deal with it'.

Instead, when they ask you to tell your team you're their for them, say oh, you are enthusiastically and you welcome the chance to say so again. See how that looks better?

Bad news on the NLRB - I have a thread explaining they can't help much right now, but see what they can do. Frankly from the description, I don't think they can help.

Basically you want your manager to view the other person as the provocateur. They're more worried about ending the conflict, and whoever looks like they're the one instigating and continuing the conflict is the one they'll look to take action against, assuming no other biases.

 

[crashtestdummy]

Yeah I'm quite aware of that. I just feel this great amount of injustice with this. Its clear I'm being targeted and my boss playing dumb about it just reinforces the idea in my head. I've got a pretty good idea who it is as well and this particular person has made remarks in the past about needing religion to be moral. Moreover I've clashed with this person in the past over things and won all those clashes so to speak, so they'd have motive for revenge against me. Makes me sound like nutjob but I'm going simply with the occams razor approach.

You're probably in the right over this. Unfortunately, I'm not sure being right will really get you very far. They made the punishment heavy enough to scare you (and everyone else), but not so heavy that it would be wise for you to take the nuclear option (talk to the NLRB). Any legal victory you get is likely to be Pyrrhic.

The best thing to do is what you already mentioned you were doing: get your resume together and get out. The best revenge you can get is to leave that hospital with the crappy workers that they already have.

P.S. It sounds like your manager is on your side, likely knows what's up with regards to you being targeted, but his hands are tied. Don't burn that bridge.

 

[crashtestdummy]

Yeah I'm quite aware of that. I just feel this great amount of injustice with this. Its clear I'm being targeted and my boss playing dumb about it just reinforces the idea in my head. I've got a pretty good idea who it is as well and this particular person has made remarks in the past about needing religion to be moral. Moreover I've clashed with this person in the past over things and won all those clashes so to speak, so they'd have motive for revenge against me. Makes me sound like nutjob but I'm going simply with the occams razor approach.

If you want to know it's them, go and apologize to that person and watch their reaction. They can't fault you for apologizing, especially since the only only guidance you manager gave was to apologize to "those that might have been offended."

 

[smackababy]

You're probably in the right over this, unfortunately I'm not sure being right will really get you very far. They made the punishment heavy enough to scare you (and everyone else), but not so heavy that it would be wise for you to take the nuclear option (talk to the NLRB). Any legal victory you get is likely to be Pyrrhic.

The best thing to so it what you already mentioned you were doing: get your resume together and get out. The best revenge you can get is to leave that hospital with the crappy workers that they already have.

P.S. It sounds like your manager is on your side, likely knows what's up with regards to you being targeted, but his hands are tied. Don't burn that bridge.

From the picture he appears to be painting, his work environment is hostile. In reality, it won't get better without a formal complaint to the NLRB or leaving to find another job. One is the right thing to do and the other is avoiding the issue.

I would speak with an attorney and see if they actually think you have a lawsuit. But, I would immediately remove and work friends from your FB and ensure you have all privacy settings enabled to block prying eyes.

 

[smackababy]

If you want to know it's them, go and apologize to that person and watch their reaction. They can't fault you for apologizing, especially since the only only guidance you manager gave was to apologize to "those that might have been offended."

I would steer clear of any intentional interaction with someone you suspect ratted you out. The chances of exacerbating things is pretty high, especially if they feel your apology was in any way condescending. That might cause them to believe management "gave them up" and they could potentially file a suit landing you in more hot water.

 

[JEDIYoda]

Sorry for my lack of clarity. Names on the jokes yes but those two docs wouldn't care they are both comedian sorts. Otherwise the two other things no names

I use to work at a Hospital in California for several years.
I can remember that after I was hired the department head took me to her office and told me that it was her policy to inform all new employees that if they needed to let off steam or they decided to post something on the interent about anything concerning the job that they should use no names or specific references to incidents or dates or times.......in fact thye last words she told me was...just post that you Love your job and you will be fine!!

 

[JEDIYoda]

I also learned along time ago that you have no work friends.....it`s you against the world!!
Your friends will give you up in a heartbeat.............

 

[TraumaRN]

You're probably in the right over this. Unfortunately, I'm not sure being right will really get you very far. They made the punishment heavy enough to scare you (and everyone else), but not so heavy that it would be wise for you to take the nuclear option (talk to the NLRB). Any legal victory you get is likely to be Pyrrhic.

The best thing to do is what you already mentioned you were doing: get your resume together and get out. The best revenge you can get is to leave that hospital with the crappy workers that they already have.

P.S. It sounds like your manager is on your side, likely knows what's up with regards to you being targeted, but his hands are tied. Don't burn that bridge.

Yeah I'm not sure being right will get me very far. But it is at least with the effort IMO to try. I truly feel like my personal privacy was violated by someone at my job, whether their intent was malicious or not I'm unsure but either way it is a privacy violation. What bothers me so much is that they don't care at all. I tried my damn hardest not to burn any bridges because I think my manager is just toeing the corporate line to avoid any repercussions. Maybe manager does care but can't help because of that.

Moreover the punishment just doesn't fit the crime whatsoever. It completely blows my mind clear to the moon that posting a joke told by someone and attributing said joke to that person is a negative comment against that person and the company. I literally had to hid the incredulity on my face when I read that in the meeting. And that according to my manager those two jokes were the primary drivers for why they wanted to fire me. Not the two crass sarcastic posts. So weird. Even more this doesn't pass the smell test at all.

And in the back of my brain I'm thinking so this is why people formed unions, to avoid heavy handed corporations.

For the record, I already avoid this person and hardly ever talk to them at all, just because I don't want to have any issues at all. I wasn't ever FB friends with this person, but a couple people who associate with her I was. Key word is I was. I deleted nearly all my FB friends with whom I currently work last week. Only kept a couple people from my work with whom I'm actually friends with outside of work. My page is already on lock down privacy wise so you can't see anything.

 

[Harabec]

Someone once said that a man cannot afford to hold views that threaten his livelihood...or something similar. This is especially true in "dumb" corporations where HR runs the show while actual skilled workers are just numbers on the excel sheet.

I don't think you ever mend this, and the only option that will grant you peace is to look for another job.

On a different subject, I'd LOVE to have a jury in Israel. The way judges usually treat the common man is horrible, like they've slept with the prosecutors.
We have a 99.5% conviction rate, looking at other countries with such a conviction rate is not very flattering to the country when you see what causes it, as opposed to 75-85% in other countries.

BTW - just drop Facebook. Seriously. If you want to use it, unfriend everyone but family and 10 year long friends. All the rest don't care about you, as you have witnessed first hand.

 

[TraumaRN]

Someone once said that a man cannot afford to hold views that threaten his livelihood...or something similar. This is especially true in "dumb" corporations where HR runs the show while actual skilled workers are just numbers on the excel sheet.

I don't think you ever mend this, and the only option that will grant you peace is to look for another job.

On a different subject, I'd LOVE to have a jury in Israel. The way judges usually treat the common man is horrible, like they've slept with the prosecutors.
We have a 99.5% conviction rate, looking at other countries with such a conviction rate is not very flattering to the country when you see what causes it, as opposed to 75-85% in other countries.

BTW - just drop Facebook. Seriously. If you want to use it, unfriend everyone but family and 10 year long friends. All the rest don't care about you, as you have witnessed first hand.

Yeah like I said in previous post I basically nuked my FB. I've only got like 140 friends now and 90% of those are family and old friends. The rest are random friends and classmates.

 

[zinfamous]

Sorry for my lack of clarity. Names on the jokes yes but those two docs wouldn't care they are both comedian sorts. Otherwise the two other things no names

You may have not named any specific names when commenting about physicians/nurses not following ACLS protocol, but amongst your colleagues at work and in your field--who know where you work--you basically called out your hospital and accused it of poor practice.

this is pretty bad, imo.

 

[theevilsharpie]

Yeah I'm not sure being right will get me very far. But it is at least with the effort IMO to try. I truly feel like my personal privacy was violated by someone at my job, whether their intent was malicious or not I'm unsure but either way it is a privacy violation. What bothers me so much is that they don't care at all. I tried my damn hardest not to burn any bridges because I think my manager is just toeing the corporate line to avoid any repercussions. Maybe manager does care but can't help because of that.

Unless your employer hacked Facebook, your privacy wasn't violated, at least not in a legal sense. Regardless of what Facebook may want you to think, Facebook is a public forum, and as you've just found out, you have no control over who views the information that you post.

Your inappropriate use of Facebook is not your employer's fault, nor is it their problem.

Moreover the punishment just doesn't fit the crime whatsoever. It completely blows my mind clear to the moon that posting a joke told by someone and attributing said joke to that person is a negative comment against that person and the company. I literally had to hid the incredulity on my face when I read that in the meeting. And that according to my manager those two jokes were the primary drivers for why they wanted to fire me. Not the two crass sarcastic posts. So weird. Even more this doesn't pass the smell test at all.

The post that drew their ire was the post about a doctor not following procedures. The medical industry is extremely litigious, and even defending against malpractice claims can run into the millions for even a small practice, particularly in practices like cardiology where screw-ups can be fatal. And speaking of liability, a malpractice insurance provider would be well within their right to delay or outright deny a claim if they found out that necessary procedures weren't followed properly. That kind of risk is enough for any administrator to sit up and take notice.

Your posting of this information to Facebook put your hospital management in a difficult position, because they are required to investigate such complaints to protect themselves from personal liability, and confirming your findings would certainly be costly. However, since you didn't post enough information for it to be actionable without a thorough review, all you did was draw attention to yourself as someone that couldn't be trusted with sensitive information.

Nailing you on the jokes was just an excuse to reprimand you without putting the more serious allegation on record. This is also why you weren't walked out of the building outright. But make no mistake, you've already been "fired;" they just haven't found a convenient excuse to show you the door yet.

For the record, I already avoid this person and hardly ever talk to them at all, just because I don't want to have any issues at all. I wasn't ever FB friends with this person, but a couple people who associate with her I was. Key word is I was. I deleted nearly all my FB friends with whom I currently work last week. Only kept a couple people from my work with whom I'm actually friends with outside of work. My page is already on lock down privacy wise so you can't see anything.

Who you are Facebook friends with doesn't matter. Your Facebook privacy settings don't matter. Facebook is, and by its nature will forever be, a public forum. As long as you continue to treat it as anything less than public, you'll continue to find your words spread well beyond your intended audience.