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A Georgia mom is in the news today after she was fired from her job for posting a statement on her wall about her sick daughter.
Whether you wanna believe or not, there are many employers that closely monitor computer use these days and unfortunately for Misty Roberson, her employer was one of them.
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Two weeks after posting an update to friends and family about her daughter’s illness, her company fired her for it. Stating the Facebook post about her sick daughter violated their social media policy. *sigh*
Details + video below…
Roberson worked as a clerk at a Rome, Ga., pediatric clinic and it all started after Robertson’s daughter got sick and she tried to get her an appointment with a doctor at her employer’s clinic.
According to Roberson, in early October her daughter had a fever and she was able to get an appointment at Harbin Clinic Pediatrics where she worked for nine years as a clerk and had to take her daughter to a different walk-in clinic.
Like so many other moms on Facebook, Roberson updated her status to notify friends & family about her daughter’s condition, stating:
After being at the immediate care for two hours, I finally have answers to what was wrong with Alli’s fever because work had no appointments. Can you believe it?”
What followed was a stream of comments from Roberson’s Facebook friends expressing “their dismay and discontent” in how they’d also been treated badly by Harbin Clinic in the past.
30+ people posted comments under Roberson’s Facebook post, saying things like the clinic “never had appointments and they never could get us in.”
According to WXIA-TV, about three weeks later, the clinic’s manager called Roberson into an office and fired her, telling her that she’d failed to follow her employer’s social media policy.
A copy of the policy was provided to the station, and it reportedly prohibits employees from making “defamatory” or “disrespectful” comments about Harbin.
VIDEO: Georgia Mom Fired After Facebook Post About Daughter…
An employment attorney advising Roberson says that she believes that Roberson’s right to free speech was violated and they plan to fight to get her job back.
The attorney offered others a few words of wisdom to hopefully prevent something like this from happening to you:
The first thing is to just be careful what you write on Facebook.
Know that your employee may be looking at it and that you might still get fired. (even if it’s an illegal firing.)
And if you’re talking about something that’s true and working conditions… that’s not defamatory, it’s not illegal and it’s protected speech. …even if it’s on social media
What are your thoughts on this situation?
Should Roberson have been terminated for her statements?
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GA is an employer’s friendly state. They have the right terminate you without reasons or in this case if you speak badly of a brand that give you a paycheck. Pink slip!
Freedom of speech is one thing, but being the source of the traffic that is mostly negative is a whole another thing.
I guess her lawyer completely fails to understand that the 1st Amendment doesn’t apply to private-sector jobs. And, even the NLRB’s decisions (which 2012 decisions may now all be invalidated due to Pres. Obama’s unconstitutional appointments to the Board) does not protect speech that doesn’t pertain to an employee’s work conditions or terms of employment. And, in this case, the employee clearly wasn’t involved in any collective or concerted action with other co-workers. The employee and her lawyer obviously don’t understand the law as it exists today.
This employee’s rights weren’t trampled in any way, shape or form. Next time, employees should use their brains and not disparage their own employer who provides their livelihood. This employee, and her lawyer, should be careful as they are on the verge of slandering this employer. I wonder if the employer might end up suing this lady and her lawyer?
I disagree. What did SHE say that was so disparaging? That she couldn’t believe that she had to wait so long? She didn’t call administrators dicks. She didn’t say their policies suck ass, none of that. Other people stated their opinions to her innocuous comment. Her company needs to grow a pair.
This is exactly why I do not have a Facebook.. The whole concept of it is pathetic and socially retarded. I have a real life
Say that!
Amen! I completely agree! I have never understood the fascination with people who tell their personal business to the world. It just doesn’t make sense no matter how you look at it.
There are lots of practical applications for Facebook just like there are lots of ways in your comment you present yourself as an ignorant minimally-educated person with a disposition towards building negative opinions and limiting beliefs around things you don’t fully understand or don’t appear to immediately serve you.
She should have known better. Somebody she worked with probably pointed it out to her employer. That comment was unnecessary.
I ask people all the time why do they have co-workers as friends on facebook O-O.. I have a business partner and we are NOT friends on facebook.. she knows that facebook shows what your doing to her friends AND their friends too. smh
@ Remy: Good point. I made a point to not friend anyone at my job. Even when people asked me if I was on Facebook, I would say "yes", but I never actually did a friend request.
LOL!!! No comment!
She basically got fired for bad talking her employer, which is company policy not to do. She was wrong.
Exactly.
Now that she’s been fired…she can go all the way in…unless she signed for a certain amount of time not to compete with or disclose company information. Free speech…is not a pass to do dumb stuff…sorry.
Crazy!
Georgia is a right to work state. Your employer doesn’t even have to have a legit reason to fire you. Employees are not protected in this state, only the Employers. I mean you can still wage your EEOC discrimination suits, but freedom of speech, right to privacy, etc. have no protection in this state. They can just say hey we’re letting you go and don’t even have to give you a reason.
Here’s my take….. yes there is a thing called "free speech" but there is also a thing called "common sense". If I employ you and pay you… no you cannot and should not go on social media sites bashing me. You bashing me can cause me to lost business which can cause you to lost a job. She’s stupid and she doesn’t deserve her job back. She should take this as a learning experience and move on.
I agree Jo Jo…why is she bad mouthing her job on social media? lol….it’s like the old saying don’t bite the hand that feeds you. And if that is in her company employee manual..not talking on social media about the company…she has no case.
How is she bad mouthing her company by stating the obvious …she could not GET an appointment she shared that fact and due to the fact her company obviously does bad business people felt the need to share their experiences that were not so favorable how can she be held responsible for that
Thank you. I deleted my entire FB account because I got tired of seeing people posting stupid and ignorant bs, just not using common sense period.
Ok I wrote "lose" in my post above but for some reason it was changed to "lost"
Most if not all employers have a policy that addresses social media utilization. However, she must be one of those who needed to have it presented to her in this manner for reiteration:
Remember boys and girls: Social media is not your friend. It is not the best instrument to employ to air out your grievances and needless mention, partake in during your hours of work on employer provided technology. Any non-adherence could place your livelihood at stake.
Maybe seeing the policy written is such a similar manner would have registered with her. I only feel sorry for ailing child for being the offspring of a parent who clearly made a poor judgment call. Best of luck on getting her job back and the very best of luck in getting a job in this field ever again as she will need it because the word is already out on her professional character and it is being broadcasted for all to see via news telecast. As the saying goes, a man’s record follows him wherever he travels. Therefore, she may have put a professional doozy on herself and that may be something that her attorney cannot aid her in overcoming.
people will find anything..I truly believe that is a violation of privacy as long as ur not indicating names..and violating HIPPA… IT’S CALLED FREEDOM OF SPEECH..all that is .is someone being nosey..and afraid to be talked bout bc they no there attitude sucks with their employees…ijs.. if that is truly the case then they should has access to everyone’s personal email.
HIPAA, not HIPPA. That is all lol. No shade.
My job has "technically" blocked FB and other social media, however there are ways to circumvent..It is beyond stupid to not only log on to FB from your workplace, but to talk bad about your place of work and allow others to do the same..she deserved to get fired based on a lack of common sense..Big Brother is ALWAYS watching
She knew the rules. She signed the agreement, then she broke the rules-fire her. You gave up that free speech when you agreed to sign that paper.
Loving this site: You put it as straight as it can get! In that small business, she may not have signed an agreement; however, as stated so many times before, common sense should have weighed in at one point or the other! What the company does not realize is that, an angry employee can do some serious damage by just mere WORD OF MOUTH to the public as well as by social media. As far as damaging her name, people legally change names daily…Unless she was habitual with her actions, they would have been better off to issue her a warning against social media participation. You have companies that employ people just to monitor the various sites of social media!
She has the same problem so many other people have, ranting on facebook. She needed to sip some tea and send a text message to those people who actually needed to know that information. Everyone on her friends list absolutely need to know that she had an issue that day? Doubt it. What happened to venting with your bestie? People dont do that anymore. So many times I see someone get mad then pull out their phone and get to typing. FB is not a diary
SILLY STATEMENT because NO AMERICAN ever gives up their free speech it is their patriotic right
I see that Ms. Roberson’s lawyer is also a supposed "expert" in libel and slander. Wouldn’t it be interesting if this employer decided to sue this lawyer from falsely stating, on TV, that her client’s employer violated or trampled her client’s 1st Amendment rights to free speech? No rights of any kind were trampled or violated. This lady’s speech wasn’t protected either by the 1st Amendment or by the NLRA, and this lawyer is treading on very thin ice, imho.
I think this thing is deeper than her just saying her child couldn’t get an appointment. This doesn’t just happen in Georgia the USA has pretty much become Right to Work, hire, and fire states!" People, this is what happens when you push your LABOR UNIONS OUT THE DOOR! Yes, some locals attached to unions are bad, but you don’t throw the baby out with the bath water..get rid of the water..in this case, get rid of the union local president or VP or whoever is no good! You don’t ever tear the roof off your house without replacing it! UNIONS are the reason jobs have sick time, vacation etc, but when people decided to allow their state representatives, local reps etc to cast unions aside…that is when and how employees lost ALL employment protection, and people are actually crazy enough to think they have protection! Very few states in the USA are not Right to Work. I am a lifetime Teamster, loved working within it. I refuse to work for a company that is not unionized. If the union reps are no good, I’ll address that issue when needed, but I will not get from under the union umbrella! I feel so sorry for that young lady because to me it sounds like a deeper problem…like some "yes, I been waiting to get rid of her anyway, so now is a good time!" Saying she couldn’t get her child an appointment is no reason to fire her; now, if she entertained the negative comments posted after her comment, she stepped in it!
Thank you PrettyRed60!!! Cosign everything.
Sincerely,
Daughter of a former CWA President!
They didn’t fire her for using Facebook. They fired her for saying that she couldn’t get an appointment. No matter how crappy a company’s business is, they don’t want people telling on them online.
They used the social media policy as the reason for the firing even though social media was just the method which she used to vent. The sad thing is:
1. She works for the clinic. She shouldn’t have had to go to another clinic to get care for her daughter. I bet she would have received a deep discount at her own clinic. They made her have to go use the company insurance at another clinic.
2. It sounds like her daughter was actually ill. A lot of people lie about sick time and then sit at home paying on the internet all day.
The good thing is: The clinic sounds like a HORRIBLE place to work. Who is so busy that they can’t even work their own coworker’s/employee’s family members in? They could have seen her daughter after hours if they wanted to.
I have personally witnessed hr managers take some employees to task for Facebook usage, but they don’t take everyone to task. This type of unfair case by case treatment that hr sometimes gives can cause companies to get into trouble.
Bottom line, someone at that clinic had it out for her, and this was their way of getting rid of her.
I pray that she finds an amazing job within 6 months making twice the money that she was making at the clinic.
Totally agree with you here. Mom went on facebook and expressed lukewarm frustration at a situation involving her sick child. Don’t think it’s a first amendment issue but I do think if her lawyer is half way decent a case could be made that her comments don’t fit a reasonable definition of "defamatory" or "disrespectful". She called attention to the FACT that the clinic had no appointments. That’s not defamation. We also don’t know if the clinic has a progressive disciplinary policy. If so she may be able to claim that rather than be terminated, the clinic’s policy stipulates starting with a verbal warning. There are many unanswered questions. But at the end of the day a company decided to dismiss an employee with 9 years of experience for something trivial. I doubt the manager factored in the cost of recruiting, hiring, and training someone to replace her…. Foolishness all around.
If so, maybe her employer had it out for her for other very good reasons
You must work at the clinic. Corporate america and the medical office can be brutal working environments.
1. Don’t bash your job on social media
2. Don’t bash your job on social media using their computer #bitethehandthatfeedsyou
3. Always use your own smartphone to go on FB or anything else at your job
4. Good luck getting your job back
#dumbdumb
Honestly, I wouldn’t even use my phone while on company time to post anything on Facebook. Some "social media clauses" employers use can nip you in the bud for that, too.
Why folks so either/or these days?? Dumping on old girl like she called her manager all kinds of b#%*@* and $&%*) online! This ain’t no different than posting bout ain’t no toilet paper in the j-o-b bathroom. I swear people’s feelings get salty as sea water these days over nothing and then wanna retaliate to the fullest…smh
Im often surprised by how stupid ppl are…how many times do we have to see stories like this before ppl get the point
Why does she want her job back there? She obviously talks too much. She could’ve left the sentence about her job out and would’ve been fine. Rarely are your co workers your real friends so I’m not sure why she is shocked this happened. I don’t list my employer on my fb or have co workers on there for this reason. As soon as you say one little thing or you get on their nerves they are sitting in the office telling on you. Do better lady.
No the first thing to do is to make your fb as private as possible. Secondly, don’t accept friend requests from coworkers or people they may know who are messy. Next like previous post say, don’t list your employer on your profile. She doesnt say the name is the status so unless it was listed on her profile, no one had no way of knowing where she worked.
I’m not on Facebook for that reason.
Did she actually believe she could continue to throw shade at the people who sign her paycheck, on a social network of all places, and not pay the consequences. lol
When will people learn certain things DO NOT belong on FB, Twitter, Instagram or any other social network.
I live in Rome and Harbin Clinic like a lot of clinics have their flaws, but the truth of the matter is she should have used wisdom….she was employed their for 9yrs and well aware of their policy…what amazes me is that she thought it was okay to bash her employer. That’s why I don’t have an FB…In this day and time every employer is looking for an opportunity to let higher paid employees go and hire a temp, whom they can play minimum wage with no benefits.
Pay not play…lol
Well if you didn’t know, Ga mostly has AT WILL employers… Meaning they can fire you for any reason and there’s nothing an employee can do abt it… Get unemployment and keep it moving bc she is wasting her time and money on a lawyer.
That’s the very reason I don’t get on social media on the company’s computer. I don’t even use my real name on social sites. My supervisor told me I could use the company computer to log onto Facebook and I politely said no thank you. I know better.
The lawyer will be able to argue that saying that there were "no appointments" was not an inflammatoy statement. She shouldn’t even be worried about it. Once he proves that, she can move on.
As for Facebook, this is the very reason why I have 2 accounts. One for co workers and one for family and friends. The only reason I have one for co workers is that some influential co workers can be pretty insulted when they can see that you have a Facebook page, they want to friend you and you decline. Now, I simply say sure and they fall right onto my co worker account. I update it with random irrelevant crap and it keeps them happy. Not to mention if HR tries to find out if I have one, any snitch who’s on it will direct them to the G rated Facebook page and not my personal one.
This might be the way to go for most people until they find a way around that!
@C James "I update it with random irrelevant crap and it keeps them happy." Too Funny!!!
What the hell am I missing…..she said she is somewhere else with her daughter because work had no appointments…..was she lying….no…did she say anything wrong…. I don’t think so….if the other people decided to complin to her about how her company sucks, which it probably does since after nine years of working there they couldn’t squeeze her child in….thats not her problem…..those other prople made the comments not her….they’re just upset because people were complaining….but now the whole world gets to see that the busines sucks which I think is much worse
People better learn how to use their privacy controls on Facebook and keep their coworkers, jobs, etc., off of their friends’ list.
Dang FREE SPEECH has been murdered in a major way…while I do not share the same desire as some people do posting all their business on facebook IT still is there right to do SO
Your free speech rights remain perfectly intact. It’s just that a private employer is not the government. So, anyone is perfectly free to say whatever you want most anytime you feel like it (assuming you don’t falsely accuse someone of criminal acts, slander, libel, etc.). But, a private employer is also free to terminate you if you disparage or bring negative attention to its business, products, or services. There are a few rare exceptions, like employees/Unions ability to collectively be critical of terms of employment and working conditions.