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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2134
Experience:  Practicing Attorney with 10 years experience
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I received a written warning on facebook the experience

Customer Question

I received a written warning for posting on facebook the experience my son had in interviewing with a company that my company is a sub-contractor of. My employer's Social Media policy is "Cognosante respects the right of employees to use social media during their personal time and asks you to be respectful in any statements you make regarding Cognosante, co-workers, customers, partners or competitors. It is important to keep in mind that a social media positing is generally considered public and, once posted, information may exist indefinitely. Also, improper or unauthorized disclosures in the name of or on behalf of Cognosante could damage our reputation, impact our ability to get and keep customers,and expose Cognosante, our customers and partners to legal liability." My post was "Hey Serco, if you require 1 year of call center experience, don't put "This position provides telephone support - prior telephone experience is desired and clear verbal communication is required" in your Indeed posting. Look at resumes and applications before you call in a kid for an interview.And don't throw a resume back at the applicant and tell them to come back when they have experience. Mamma bear is not happy." My written warning was for "Your conduct and judgement raise some very serious concerns: 1) your conduct reflects badly upon you and Cognosante; 2) Cognosante employees must conduct themselves professionally; 3) Improper disclosures in the name or on behalf of Cognosante could damage our reputation, impact our ability to get and keep customers, and expose Cognosante, our customers and partners to legal liability." I told them I wanted to research disciplinary action on social media before I signed it, and was told they would write that I refused to sign. Additionally, my supervisor told my peers what I had done on Facebook.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Was my post on Facebook an infringement to my employer's Code of Ethics, and warrant a written warning (which I was told will never be removed from my personnel file)?
Expert:  Asad Rahman replied 1 year ago.
I am sorry to hear about your situation. I think applying a reasonable person standard, that yes your comments would be a violation of your employer's social media policy. I completely understand your looking out for your son, but at the same time that company is a customer of your company so mentioning them on facebook can certainly damage that relationship.

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