Intersting case of employee's expectation of privacy

Started by Monsterlover, April 24, 2009, 12:09:13 PM

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CairnsDuc


NAKID

Quote from: Sinister on April 25, 2009, 11:38:53 AM
This is not true.  The restaurant management was invited to view the board by one of its participants (Ms. St. John). 

The two individuals who were fired are naive and stupid. 

But she had no authority to invite someone without the owner's permission. That would be like you and me are neighbors. You have been invited over to my house. Then at another time, you tell someone it's OK to go over to my house without asking my permission...
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Sinister

Quote from: NAKID on April 25, 2009, 07:01:22 PM
But she had no authority to invite someone without the owner's permission. That would be like you and me are neighbors. You have been invited over to my house. Then at another time, you tell someone it's OK to go over to my house without asking my permission...

Well, no, it's nothing like that.  What rules were in place which she violated?  What did she do that, in DrunkenMonkey's words, was "illegal."  If it was illegal, there must be a law in place to break.  What was it?
"...but without a smiley, some people might think that sentence makes you look like a homophobic, inbred prick. I'm mean, it might leave the impression that you're a  douchebag or a dickhead, or maybe you need to get your head out of your ass."  DrunkenMonkey

"...any government that thinks war is somehow fair and subject to rules like a baseball game probably should not get into one." - Marcus Luttrell

redxblack

you could argue that the management later hacked the account by intimidating staff to surrender their account/login info.

Sinister

Quote from: redxblack on April 26, 2009, 09:21:31 AM
you could argue that the management later hacked the account by intimidating staff to surrender their account/login info.

Or, you could stick to the known facts.
"...but without a smiley, some people might think that sentence makes you look like a homophobic, inbred prick. I'm mean, it might leave the impression that you're a  douchebag or a dickhead, or maybe you need to get your head out of your ass."  DrunkenMonkey

"...any government that thinks war is somehow fair and subject to rules like a baseball game probably should not get into one." - Marcus Luttrell

redxblack

I guess we didn't read the same article that said as much.

Sinister

Quote from: redxblack on April 26, 2009, 04:56:23 PM
I guess we didn't read the same article that said as much.

We read the same article, then you read into it what you wanted.  Sure, Ms. St. John later said she was "worried about being fired" when she gave up her login, but her integrity is somewhat clouded by the fact that she was the one who ratted out the two who were fired.

I still say nothing illegal was done, and no one has brought forth any laws to bolster a claim otherwise.
"...but without a smiley, some people might think that sentence makes you look like a homophobic, inbred prick. I'm mean, it might leave the impression that you're a  douchebag or a dickhead, or maybe you need to get your head out of your ass."  DrunkenMonkey

"...any government that thinks war is somehow fair and subject to rules like a baseball game probably should not get into one." - Marcus Luttrell

redxblack

and as you handed over your login and password, you'd say you were worried about being fired? of course she said it later. She was worried about being fired.

il d00d

Quote from: Sinister on April 26, 2009, 05:17:50 PM
We read the same article, then you read into it what you wanted.  Sure, Ms. St. John later said she was "worried about being fired" when she gave up her login, but her integrity is somewhat clouded by the fact that she was the one who ratted out the two who were fired.

I still say nothing illegal was done, and no one has brought forth any laws to bolster a claim otherwise.

Identity theft?  I am not sure what the scope of those laws are, but one thing is clear: if the restaurant management could have logged on with their own credentials, they would have.

I still think that their termination was legally sketchy at best.  There is nothing there that would warrant anyone getting fired, disciplinary action being taken, etc.

Bick

Quote from: MrIncredible on April 24, 2009, 06:11:50 PM
There is a reason if you google me, you get absolutely nothing.  ;)

How do you do that?  I want to be invisible!
It's all in the grind, Sizemore. Can't be too fine, can't be too coarse. This, my friend, is a science. I mean you're looking at the guy that believed all the commercials. You know, about the "be all you can be." I made coffee through Desert Storm. I made coffee through Panama while everyone else got to fight, got to be a Ranger.

* A man can never have too much whiskey, too many books, or too much ammunition *

Triple J

If I was on the jury I'd rule against the company given the facts in the article.

They logged into a private site using the username/password of a different person, knowing full well they wouldn't be able to get their own legitimate password. Further, the username/password was passed throughout management, presumably without the consent of the user. According to the article she only gave the one manager permission to use her information, not all of upper management...and that was sketchy since that person was a superior. It is entirely plausible that she feared she would lose her job if she didn't allow her information to be used...whether it was specifically stated or not.

It is irrelevant if the 2 people fired were being stupid by creating the private site (which they were). On that note, restaurant management might as well fire the entire staff if they don't want anyone working for them who also bad mouth them behind their back...that's pretty common.

il d00d

I just ran across this article - reminded me of this thread

Montana city backs off of requiring Facebook passwords as job requirement

Good on em for backing off this policy, but it was a pretty Orwellian measure for them to implement to begin with...

redxblack

That one was a crazy situation. Not only did you have to hand over your login credentials for ALL social networking sites, but also list and credential all internet sites you visit.

I thought about applying with lots of "interesting" sites just to give their HR people something to do.

Bick

Quote from: redxblack on June 25, 2009, 07:27:54 AM
I thought about applying with lots of "interesting" sites just to give their HR people something to do.

[clap]

It is funny how many HR people focus so much on personal aspects, yet there are so many people that are hired to high level positions that have lied about their credentials.
It's all in the grind, Sizemore. Can't be too fine, can't be too coarse. This, my friend, is a science. I mean you're looking at the guy that believed all the commercials. You know, about the "be all you can be." I made coffee through Desert Storm. I made coffee through Panama while everyone else got to fight, got to be a Ranger.

* A man can never have too much whiskey, too many books, or too much ammunition *