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Does an employer have the right to check my Facebook?
10-15-2012, 08:10 PM
Post: #1
Does an employer have the right to check my Facebook?
I was sacked from my job in August and this was due to my disability related absence. I am seeking legal advice. This was also my first instance of absence and I had been with the company for a year. They were aware of my disability from day one but did not carry out any reasonable adjustments to help me whilst at work. My disability is Ankylosing Spondylitis- I've had it for 16 years and I am normally well but from time to time I suffer flare ups which can affect my mobility, I have good days and bad days. Despite this, I have completed a degree, a masters degree and have always worked albeit part time rather than claiming benefits and not working.
I had a serious flare up in May this year and was admitted to hospital and given morphine for the pain and over the course of the next month I started to feel better but my doctors thought it best for me to stay off work for a while and so provided me with doctors sick notes as they stated that sitting at a desk job for 9 hours a day would exacerbate my condition. With Ankylosing Spondylitis it is best that the person gets up and moves about regularly and stretches a lot so the doctors thought although I was getting better it was best to avoid work and sitting for long periods.
I live alone and the isolation of this illness can be depressing. In July my best friend had a party and invited me along...my friends were so good to me that night, always ensuring I had a chair if I needed to sit, and making sure I was ok.
I was called into a meeting at work in August and I was sacked due to this period of sickness absence but at the meeting they produced two photographs of me on this evening out, in one picture I was holding my friends hand and in the other I was sat down on a comfy sofa- I was not break dancing or performing gymnastics. These pictures were found on my Facebook page. The very fact that I did not see any wrong in this shows how innocent they are. So either someone from work was looking at my Facebook digging for 'evidence' or one of my work colleagues who is one my friends list, brought them to my employers attention. Either way its shady. I am not a criminal under house arrest and under surveillance!
They questioned me about it and the whole thing was done simply to intimidate me and almost make out that I was lying about my illness which I certainly was not. I was certified sick by a doctor and had hospital records to prove it. They even stated that the pictures were nothing to do with why I was being dismissed, it was simply down to percentages of the length of time I had been off ill.
I would really appreciate some advice on this

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10-15-2012, 08:18 PM
Post: #2
 
Yea that's why I deleted mine awhile back. Its not right but they can. Depending on what state too

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10-15-2012, 08:18 PM
Post: #3
 
There is no law preventing your employer from looking at your Facebook page. That is why you should never put any photographs or post any negative comments about your job on your Facebook page.

If this party was held while you were out with a medical excuse, then, I am assuming your employer thought since you could attend a party, you could show up at work and do your job. Your employer would have had no problem accommodating you by letting you take occasional breaks in order to move around and stretch.
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10-15-2012, 08:18 PM
Post: #4
 
First there is nothing illegal about acquaintances, bosses, co-workers looking at your
Facebook page although I personally find it an invasion of privacy. However if you kept abreast of the news about Facebook and other social websites it is best to set, which is your responsibility, the page to private meeting no one who you have not authorized to view can look at your Facebook. In fact applicants have been told to take down pictures that are questionable, comments and make the page private so no viewing by prospective companies you intend to apply to. Good Luck!!
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10-15-2012, 08:18 PM
Post: #5
 
And let me guess...you're still on Facebook posting pictures. Dingaling.
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10-15-2012, 08:18 PM
Post: #6
 
Anyone has the right to look at anyone's Facebook. This is why you SET IT TO PRIVATE.
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10-15-2012, 08:18 PM
Post: #7
 
If your profile was not set to private then they have every right to look at it. If you had a private profile, nobody at work was your friend, and they hacked your account then it's illegal. If you posted the pictures on a profile that anyone could see or you had friends at work who could see them it's not illegal

Have you talked to a lawyer to see if you have a wrongful dismissal suit due to your illness?
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