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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26684
Experience:  Employment Law Expert
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I was terminated due to a post on a social media site (Facebook).

Resolved Question:

I was terminated due to a post on a social media site (Facebook). I worked for a mental health clinic. This is the copy of the post "Ok question.....if you suffer from panic attacks how can you attend Hillbilly Days and Apple Day? I have heard several of my clients say they are going to the festival but continue to report to me that they hate crowds. lol Bless their hearts" This occurred after I returned from FMLA due to thyroid cancer treatment. I returned to work for two weeks and was demotated and placed on probation for "complaints" that I was never informed of. I was sent back to the clinic and a month later terminated for the post. I feel the consequences go above and beyond the actions.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 : Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
JD 1992 : Before I ask questions about your situation, I need to make sure that you understand how the website and rating system works.Many times in employment law situations, and particularly in KY, the law is not in favor of the employee. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.With that understanding, do you want me to discuss this in more detail with you?
Customer: I understand rating system.
JD 1992 : Great. Is there a specific question I can help you with or a specific area you would like to discuss? I've been involved in the employment area for twenty years or so.
Customer: I am wondering if there was enough "evidence" to terminate my 8 year employment with the company.
JD 1992 : Did you have a written contract of employment?
Customer: I do not believe so. I remember signing a lot of papers the day I was hired but as far as a contract I am unsure. The company sent me an exit interview and wanted me to sign and return it, but the reason they terminated me was not listed (left blank).
JD 1992 : What was the specific reason that they told you? Violation of HIPAA, etc.?
Customer: They said the statement looked bad on the company. "Who would want to seek mental health advice from someone making fun of them". I do not feel the post harmed anyone because no names were mentioned.
JD 1992 : The problem is that KY is an employment at will state which means an employer can fire any employeee at any time and for any reason other than race, age, gender, etc.
JD 1992 : The fact that you got demoted so soon after returning from FMLA hints that the demotion was somehow related to that.
JD 1992 : But you would have to have more than a hint to pursue them.
Customer: ok that is what I was needing to know. Thank you so much!
JD 1992 : Anything else I can assist with?
Customer: No I believe that is it. Thanks again.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26684
Experience: Employment Law Expert
Dwayne B. and 6 other Employment Law Specialists are ready to help you

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