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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 27889
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My daughter is 21 and for the past two summers has worked as

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My daughter is 21 and for the past two summers has worked as a camp leader at a girls summer camp in the USA (she is British) and was due to return at the beginning of June. After being Facebook 'fraped' she was fired via e.mail and without a chance to defend herself. The parents and girls have already been informed. No one has been available for comment since although I do understand it it a busy weekend. Her Facebook settings are such that the girls she is responsible for can ONLY see her wall, tho unfortunately that is where the comment was posted. This comment was very mild and I feel she has been treated extremely unfairly and harshly. Her conduct has NEVER been called into question before. Do you have any suggestions as to where we can go from here?
Submitted: 3 years ago.
Category: Legal
Expert:  LawTalk replied 3 years ago.
Good morning Allison,

I'm sorry to hear of your daughter's dilemma.

Employment terminations, and disciplinary action taken by employers of employees who's facebook identities have brought the employer into the eye of the public and in a not-so-positive way, are becoming so common that I deal with it on a weekly basis.

The reality is that in the US, employers may punish an employee for things that they do in their private lives if it brings the employer into disrepute, or casts a pall of recklessness over then for having even hired the employee responsible for the facebook account.

Keep in mind that unless the employee has a written employment contract guaranteeing them employment, they are considered an employee at will.

At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

Under the circumstances, Allison, I'm afraid that neither you, nor your daughter, have any legal recourse based upon the employer's decision not to have her return to work at summer camp this year.

Now, you may seek to convince the employer that her facebook account was hacked and that she was not to blame for the scandal---but whether there is a reverse in the decision of the employer will be entirely internal to the company. The law does not provide a remedy, I'm afraid.


I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.



I wish you and your family the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.




Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug


LawTalk, Attorney
Category: Legal
Satisfied Customers: 27889
Experience: I am a practicing attorney with more than 30 years of experience in the legal field.
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