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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11298
Experience:  Licensed Texas General Practice Attorney
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Hi,A nurse director at a hospital has posted on her facebook

Resolved Question:

Hi,A nurse director at a hospital has posted on her facebook page 4 ? offensive posts.#1 statement that obama sould be 1st to have criminal background check.#2 cartoon pics of guns and saying we need them,not just police.#3statement saying we give too much $ to immigration and not enough to miliary,#4 statement;"so a guy walks into school and shoots 20 children and our nation thinks we should examine our gun laws.what about the thousands babies hacked apart every day and discarded like trash,we need to re examine our morals"Also the links these posts were pulled from are clearly written above each one.when clicking on theses links they are full of anti gay,muslim,obama ,african americans,horrible pics ,references and pics of hitler,and massive gun pics even children holding huge guns.my question is this:do you think the posts alone are all human resources would consider in ?firing and or are the grafic radical links also looked at and generally considered part of the facebook page.thank you for responding
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Typically HR looks at the totality of the evidence, the context, etc... and will place more weight on her actual words than links, but HR can certainly consider the links as well. The main consideration, however, in situations like these depend more upon the written employment policies and the nature of employment.

ScottyMacEsq :

If the employee is employed by a public hospital, then the Constitution comes into effect.

ScottyMacEsq :

That is, they can't terminate the employee merely because of political comments made by that employee. It would have to be "content neutral" for them to take action against this employee.

ScottyMacEsq :

If it's a private employee, then the presence of any employment policies that govern speech, etc... can be enforced, but generally employees have an "at will" employment relationship with their employers in Massachusetts.

ScottyMacEsq :

At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...).

ScottyMacEsq :

Again, if there are policies and procedures in place, they would need to be followed, but if there's nothing that says otherwise, most likely HR would consider the totality of the circumstances, placing more weight on the statements that she specifically said, and less weight on the linked pages, although those could be considered as representative of her beliefs.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11298
Experience: Licensed Texas General Practice Attorney
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