Waitress fired for complaining on her facebook

[Chowder Head]

Lady was fired for saying on her private Facebook page that people basically need to tip. No name of the restaurant where she works, no customers name or descriptions but one of her'friends" printed her comment out and the went and complained to the waitress job about it. They fired her. personally I think the restaurant went to far.

"The Texas Roadhouse explained that Kelly was fired for using a derogatory name to refer to the customer. Their policy states that workers can not mention the restaurant on social media. " However, i have read few articles on this and now where does it say she said Road horse customers......

http://www.dailymail.co.uk/news/article ... riend.html

http://www.huffingtonpost.com/2014/07/0 ... 52922.html

http://www.dailymail.co.uk/news/article ... riend.html

[Lovebug]

I think it's time for this girl to re-evaluate who her friends are. Whoever did this to her sucks, period.

Seriously, as if it's not difficult enough these days just to survive and try to make a decent living - then you've gotta worry about what your so-called 'friends' will do with a private comment made on a private page. It's not like the girl was bashing the restaurant or customer on a public forum. And quite honestly, everyone deserves to rant once in a while - even on Facebook. It's part of today's society - the world is full of social media outlets.

Shame on these so called 'friends''. I hope they're run over by the karma train...

[2xx1xy1JD]

It's always amazing to see how many people don't realize that things that they assume to be private, aren't.

Facebook, even on private settings, is not private. Period. It sounds like the customers were either Facebook friends, or friends of a friend, so they were able to see the comment made about them.

Work email is not truly private.

Any email which is linked to an account which you don't own is not private. If your home internet is in your spouse's name, even if there is an account set up with your name on it, your spouse can get printouts of everything that you have ever sent and make it Exhibit A in divorce proceedings.

iCloud is not compatible with privacy. If the entire family shares an iCloud account in order to share photos and music, mom's sexting could find its way onto kids' iPad.

[Evilbad]

Nothing is private on the internet, and she learned a painful lesson about that. Employers are checking that kind of stuff now. I never post anything that I wouldn't want my boss to read. It doesn't matter that it's "private" (which it really isn't) you work for and therefore represent that place of business. My boss would likely reprimand me if he found that I was posting derogatory comments about our customers.

[Lovebug]

Even though I totally agree with you both, she wasn't doing it in a place that was considered a public forum - she was ranting, as we all do, on her own FB page that was set to private. It was a shitty, shitty thing for this so-called friend to print out her comment and take it to her boss. People like that suck, and it's sad that they have nothing better to do with their time.

That being said, I'm always cautious, too - because people suck!

[DGayle]

First amendment rights means the government can't fire you. Private sector employers can put in place some really crazy rules. Like you can be fired for drinking if your boss has a rule against it!!

Her friend is an asshole who was looking for something mean to do. This is a horrible breach of friendship and trust. I've been finding out lately how many people on Facebook are assholes. I just got banned for a picture of my younger daughter after a bath when she was wearing a robe. Nothing was showing, but it was reported for child porn, and Facebook agreed. The ban was temp, but still, what kind of "friend" tries to get you in trouble?

Solution to the issue of tipping is to get rid of the tip model and require restaurants to pay appropriate wages instead. I hate how wait staff in something like 44 states have to mentally beg for tips so they won't get fired for not getting enough to satisfy the bosses. This is why I very rarely eat out anymore. I've been there, and don't feel good participating in what is really exploitation, and then having to decide how much more to give to make up for the employer taking advantage of workers.

Also that "friend" needs to be ousted so everyone can unfriend her.

[Maggie Mae]

I have facebook, but I kind of hate it. I like to keep up with friends and read what people think, and post my pictures and get the instant rush of people clicking like as much as anyone, but when I think about what my life would have been like if facebook was around when I was a preteen/teen, I feel really claustrophobic.

At one point, Zuckerberg talked about how he feels that decreasing privacy online - eliminating the option to be anonymous - will lead to decreased bullying offline. Which I think is bullshit. And it completely pisses me off that I can't comment on articles anymore without using my real name. Not because I don't stand behind what I say, but because I don't want to cause issues with my friends or family. I also remember what it was like in high school to be ostracized for anything and everything said, done, looked at.

As for the girl's story, well, that's super shitty of the facebook friend. First to be a person who doesn't tip, second to actually go through the trouble to get that person fired. I mean, does this person literally have nothing better to do than to be dramatic for such a petty thing?

[2xx1xy1JD]

Just to clarify this story, the Facebook friend wasn't actually a friend in the traditional sense of the word (you know, someone you actually like and care about and with whom you have an actual relationship in real life). It was someone who got added as a friend at some point in the past, who then got pissed when she saw that this girl had criticized her for being a lousy tipper.

Good illustration of why Facebook friends are not actually friends, and why you don't actually want to have a zillion of them.

I should also add:

- Anything that can be traced back to your IP address is not truly private. I know of someone who lost his job because he posted some nasty comments on a girl's public blog, and her father traced the IP address and complained to company. He got the sack for violating the corporate internet use policy.

- Google searches are not truly private, and can often be used against you in criminal proceedings.

- When it comes to government snooping and spy agencies, remember that any form of electronic communication can be intercepted and monitored.

I also saw an epic privacy fail on another blog. Otherwise-intelligent blogger can't figure out why her husband has been unemployed for the past several years, and just blames the economy. Could be, but I was also able, with a few key strokes, to figure out that the husband wrote some pretty questionable blog posts of his own, including one about why Hitler was great leader.

Bottom line: Internet privacy is a contradiction in terms.

[Toothfairy]

Just to clarify this story, the Facebook friend wasn't actually a friend in the traditional sense of the word (you know, someone you actually like and care about and with whom you have an actual relationship in real life). It was someone who got added as a friend at some point in the past, who then got pissed when she saw that this girl had criticized her for being a lousy tipper.

Good illustration of why Facebook friends are not actually friends, and why you don't actually want to have a zillion of them.

I should also add:

- Anything that can be traced back to your IP address is not truly private. I know of someone who lost his job because he posted some nasty comments on a girl's public blog, and her father traced the IP address and complained to company. He got the sack for violating the corporate internet use policy.

- Google searches are not truly private, and can often be used against you in criminal proceedings.

- When it comes to government snooping and spy agencies, remember that any form of electronic communication can be intercepted and monitored.

I also saw an epic privacy fail on another blog. Otherwise-intelligent blogger can't figure out why her husband has been unemployed for the past several years, and just blames the economy. Could be, but I was also able, with a few key strokes, to figure out that the husband wrote some pretty questionable blog posts of his own, including one about why Hitler was great leader.

Bottom line: Internet privacy is a contradiction in terms.

I swear my sons xbox connect turned on by itself. I thought I was going crazy!!!

[Trynn]

Just to clarify this story, the Facebook friend wasn't actually a friend in the traditional sense of the word (you know, someone you actually like and care about and with whom you have an actual relationship in real life). It was someone who got added as a friend at some point in the past, who then got pissed when she saw that this girl had criticized her for being a lousy tipper.

Good illustration of why Facebook friends are not actually friends, and why you don't actually want to have a zillion of them.

I should also add:

- Anything that can be traced back to your IP address is not truly private. I know of someone who lost his job because he posted some nasty comments on a girl's public blog, and her father traced the IP address and complained to company. He got the sack for violating the corporate internet use policy.

- Google searches are not truly private, and can often be used against you in criminal proceedings.

- When it comes to government snooping and spy agencies, remember that any form of electronic communication can be intercepted and monitored.

I also saw an epic privacy fail on another blog. Otherwise-intelligent blogger can't figure out why her husband has been unemployed for the past several years, and just blames the economy. Could be, but I was also able, with a few key strokes, to figure out that the husband wrote some pretty questionable blog posts of his own, including one about why Hitler was great leader.

Bottom line: Internet privacy is a contradiction in terms.

Hitler did horrible things, but if we're setting that aside, yes he was a good leader, else he couldn't have did what he did and convince thousands to help him. /off topic.

Something said on a private page is one thing. However, you must be careful if your boss is on your friends list. I know a co worker who tweeted "fuck bosses name."

Then he called back a week later begging for his job back. My boss was PISSED, and basically brought the kid into the office and showed him the tweet and said "really?"

Said kid was not re hired.

I refuse to join Facebook because of lack of privacy. I'm on twitter, but I don't use my real name, or the real names of anyone else unless it's a super common name like John or Mary. My twitter is private, and only 4 people are allowed to follow me.

When I used to have Facebook, I had a grand total of 40 friends between 2 accounts.

My actions almost border on paranoia.

Edit: on tipping, I complain about it whenever we do out. My friends have my speech memorized about why can't they restaurants pay their goddamned workers so I don't have to sit here and figure out the tip. Honestly, they only make $2/hour, it's the stupidest shit ever.

[BravaAmica]

Ugh, so, let me get this straight? The Facebook "friend" thought she was being criticized for not being a good tipper? So she decided to get someone fired? That's obnoxious.

And as for the whole tipping dynamic, please stop making me do math when I go out to eat. I'm over it. I've usually had a few cocktails. Do you really want me figuring your tip then? (And while I'm complaining, just add the damn sales tax in to the prices already. They do it at the cinema. Why can't they do it everywhere else?? Bastards!)

I get not wanting your staff to trash your business by name or other identifying information online. And you shouldn't trash your employer, boss, co-workers and customers by name or other identifying information online. But, come on. When do people have a reasonable expectation of privacy? That's got to be redefined. People keep getting fired for things like vague tweets, status updates and blog posts, written on their own time and not using a company network or internet. I mean, I would not care if I knew my server, barista, cashier, mechanic, hair dresser, teacher, ect complained online. As long as they do their jobs well when they're at work, I don't care what they post online. 99.9% of the time, it's not my business.

I complain about work on FB often. I do not name my employer or field. My FB is not tied to my email address that my employer has on hand for me. I never, ever access FB from my phone during work hours (in fact, I log out before I go into work. My employer does not know I have a FB.), even if I'm on a lunch break, away from my employer. My FB profile has, umm, let's just say "inaccuracies" on it- like how my name is spelled (it's my name, just a different spelling), my location (somewhere I've never been in my life) and my field (I am not an EMT, lol). I also have no one I've ever worked with on any of my social media.

[DGayle]

I swear my sons xbox connect turned on by itself. I thought I was going crazy!!!

It does. Known issue.

[DGayle]

And as for the whole tipping dynamic, please stop making me do math when I go out to eat. I'm over it. I've usually had a few cocktails. Do you really want me figuring your tip then? (And while I'm complaining, just add the damn sales tax in to the prices already. They do it at the cinema. Why can't they do it everywhere else?? Bastards!)

I once went out to Benihana with some of my girlfriends, and one of the guys at our table, who we didn't know, kept buying rounds for the table. The drinks her on his tab. He and his buddies were there for a stag night. They were nice guys, helped us to our cab at the end of the night. We girls split our tabs between us. It came out to about $30 each. We were all plastered at that point. I meant to write $15.00 for the tip, and misplaced the decimal. It went to the left. I called the next day to see how to fix that, and they don't adjust tips upward later. If the full cost on the menus included staff pay, someone wouldn't have been stiffed.

I get not wanting your staff to trash your business by name or other identifying information online. And you shouldn't trash your employer, boss, co-workers and customers by name or other identifying information online. But, come on. When do people have a reasonable expectation of privacy? That's got to be redefined. People keep getting fired for things like vague tweets, status updates and blog posts, written on their own time and not using a company network or internet. I mean, I would not care if I knew my server, barista, cashier, mechanic, hair dresser, teacher, ect complained online. As long as they do their jobs well when they're at work, I don't care what they post online. 99.9% of the time, it's not my business.

I agree. Just because we aren't guaranteed privacy doesn't mean we shouldn't still have a reasonable expectation. We shouldn't have to live in fear that saying something someone might not like could get us fired. Unless someone posts something illegal or with intent to harm a company (venting about your asshole boss making you do the grunge work two days in a row doesn't count, but claiming your boss has a thing for kid porn, when he doesn't that you know of because he made you do the grunge work, or saying that the restaurant you work at recycles food customers send back, when it's a lie, does), then employers shouldn't be allowed to fire people.

At this point, what I post on my own friends-only Facebook wall is limited because of my husband's employer. We don't want to risk him getting fired if I post that his jerk-off of a manager denied this time-off request for the THIRD time in a row, goddammit, make that FOUR as of right this second, AND he'll be working late tonight, meaning I have to cancel plans for a moms' night out I made a month ago (his boss doesn't know my maiden name, so he won't know this is me). I don't think people should have to worry about normal ranting, especially when there's no identifiable information. And if your employees feel the need to vent so much, then look at your fucking treatment of them!!!

[Trynn]

Dgayle, does your husband at least get sick leave? I work in food service and I feel like is give a lot for that just now.

[DGayle]

Dgayle, does your husband at least get sick leave? I work in food service and I feel like is give a lot for that just now.

Two weeks of sick leave, which can also be used for sick family, in addition to three weeks of paid vacation. The problem is using it when he keeps having his time-off requests denied. The boss keeps telling him other people are getting requests in first, but the thing is, he's putting in a new request as soon as the previous one gets denied, instead of requesting a bunch of different dates, which they can't do. Still, it's pissing me off. We're talking about putting in a request for sometime in December, and forgoing our anticipated trip to see family this summer.

[apple1]

Hitler did horrible things, but if we're setting that aside, yes he was a good leader, else he couldn't have did what he did and convince thousands to help him. /off topic.

(continuing OT) No. That's not being a leader, it's being a master manipulator of the masses. Cult leader of nations. I could continue.

No excuses for the person who continues to be unemployed because he made or makes comments admiring or even excusing Hitler.

Really.

[2xx1xy1JD]

I once went out to Benihana with some of my girlfriends, and one of the guys at our table, who we didn't know, kept buying rounds for the table. The drinks her on his tab. He and his buddies were there for a stag night. They were nice guys, helped us to our cab at the end of the night. We girls split our tabs between us. It came out to about $30 each. We were all plastered at that point. I meant to write $15.00 for the tip, and misplaced the decimal. It went to the left. I called the next day to see how to fix that, and they don't adjust tips upward later. If the full cost on the menus included staff pay, someone wouldn't have been stiffed.

I agree. Just because we aren't guaranteed privacy doesn't mean we shouldn't still have a reasonable expectation. We shouldn't have to live in fear that saying something someone might not like could get us fired. Unless someone posts something illegal or with intent to harm a company (venting about your asshole boss making you do the grunge work two days in a row doesn't count, but claiming your boss has a thing for kid porn, when he doesn't that you know of because he made you do the grunge work, or saying that the restaurant you work at recycles food customers send back, when it's a lie, does), then employers shouldn't be allowed to fire people.

At this point, what I post on my own friends-only Facebook wall is limited because of my husband's employer. We don't want to risk him getting fired if I post that his jerk-off of a manager denied this time-off request for the THIRD time in a row, goddammit, make that FOUR as of right this second, AND he'll be working late tonight, meaning I have to cancel plans for a moms' night out I made a month ago (his boss doesn't know my maiden name, so he won't know this is me). I don't think people should have to worry about normal ranting, especially when there's no identifiable information. And if your employees feel the need to vent so much, then look at your fucking treatment of them!!!

That wouldn't be just a privacy issue - it would be changing basic employment law .

Laws vary from place to place, but usually an employer can fire an employee for any reason (except discrimination on prohibited grounds), as long as they pay severance. [unions usually negotiate some more protection for employees.] Changing that would mean a BIG change in the workplace, and make it much harder to get rid of an underperforming employee or an employee who was costing the company business but who did not act so atrociously that they could be fired for cause.

In this case, an insulted customer came into the restaurant to complain. The restaurant did not snoop for the information. For the restaurant, the situation wouldn't have been any different if the waitress would loudly complaining on a bus and was overheard by the customer. If she had been their best waitress and these customers were known to be jerks, the restaurant could have chosen to tell the customer to take a hike, but they didn't. They were faced with an unhappy customer, and made a business decision to try to make that customer happy and avoid having that unhappy customer badmouth the restaurant or having that waitress piss off other customers.

To a certain extent, I don't really see THIS case as a true privacy issue, because the company wasn't seeking out private information. I do have an issue with employers demanding Facebook account passwords, I have big issues with information being sold, stolen or accidentally released, and I think that things like confidential records need to be kept confidential. If, however, you reveal your identity and you post to social media, you can reasonably expect that people will see it - including any of your "friends" that you barely know.

I'll go a step further: We have some friends who are nice people, but they have the horrible practice of liking and forwarding inflammatory misinformation from dubious political websites. I admit that some of my respect for someone's judgment goes down when they do this, but at least I know my actual "friends" and can tell from my interaction with them if they are nutjobs in general or merely easily fooled. If I was looking to hire someone and a Facebook friend who did this applied for the job, it would concern me because one of the job requirements would be critical thinking and screening for fraud. Beyond that, though, Facebook also shows the name of the Facebook friend of my Facebook friend who initially provided the misinformation. So, if I am friends with Rose and she shares a link she got from Mary, I can see that Mary was the source of the link even if I am not friends with Mary. If Mary's CV then comes across my desk, I'll know that she tends to spread inflammatory misinformation over the internet and may choose not to hire her.

As we've told Ken and Lori - words have meaning, and if you post some negative things in a place where people can read it, you are responsible for the fallout.

Re the unemployed guy with the Hitler post: he thought he was some sort of brave libertarian free-speech defender or something, because he also had rape jokes, complaints that he was the victim of racism as a white man from 2 specific ethnic groups, some fairly nasty comments about mental illness and a comment to a Jewish troll poster that people like him make him understand how some folks say that Hitler was right. But yeah, the economy is totally the only reason that he couldn't manage to find any sort of paid employment at all.

[2xx1xy1JD]

I just wanted to add that lack of discretion on Facebook could itself be a real concern for me as an employer.

My husband and I work in field where need to maintain complete confidentiality, and our careers are on the line if we don't. Even if no names are used, it's possible that someone could recognize a unique fact situation. I also know of one careless secretary posting a photo of a celebrity's mother without thinking that the medical clinic in the background could be identified, and she was quickly ordered to remove the post.

Now, I know a waitress doesn't have the same responsibility, and I know that tons of people vent and gossip about what happens at work. Holding things in and NOT venting or gossiping is hard - but it's the professional thing to do, and if someone is in a field where it's required, you want to know that you are hiring staff who can do this. There are times that I haven't been able to tell my own family that someone we know is getting divorced, even if it means allowing them to put their foot in their mouth, and I know that if someone I don't know come up to my husband when we're out, I can't ask questions since it could be a patient.

[BravaAmica]

In this case, an insulted customer came into the restaurant to complain. The restaurant did not snoop for the information. For the restaurant, the situation wouldn't have been any different if the waitress would loudly complaining on a bus and was overheard by the customer. If she had been their best waitress and these customers were known to be jerks, the restaurant could have chosen to tell the customer to take a hike, but they didn't. They were faced with an unhappy customer, and made a business decision to try to make that customer happy and avoid having that unhappy customer badmouth the restaurant or having that waitress piss off other customers.

But was the person who printed out the Facebook post one of the customer's that night? I haven't found anything that says the FB friend was a customer, as well. (And if the FB friend was offended, perhaps she should have spoken to her about being embarrassed BEFORE getting the girl fired. JMO.)

I will say that situations like this were the reason I refused to serve people I knew when I was waiting tables. I didn't want to know if my friends were shitty tippers or not, so I just told them I wouldn't wait on them. I'd stop by their table, maybe send over a free dessert if my manager agreed, but I wouldn't wait on them.

[2xx1xy1JD]

Yes, the Huffington Post article clearly says that the Facebook friend was one of her customers that shift.

Again, the Facebook "friend" wasn't a friend at all. They got connected because they went to the same high school, but obviously wouldn't have known each other well if she didn't realize that she had served her that shift. Yes, it's a bitchy thing to do, but the FB friend obviously didn't see the waitress as an actual friend and felt no sort of loyalty toward her. She felt insulted and that led to her actions.

[BravaAmica]

I cannot imagine being so petty and lacking in self-esteem that I would get someone fired over a venty FB post. If I were threatened or something, sure. But someone venting about their job? Whatever. Everyone has a rough day at work sometimes.

[SuffolkNWhat]

It's such a minefield.

I'm a teacher and I know of fellow teachers who have been up before (the now defunct) GTC because of social media outbursts.

I rarely put anything about work on my social media except my Twitter account which is linked into my RE network so I share resources that have worked well with my students.

[2xx1xy1JD]

I'm actually amazed by how some teachers and other school staff don't seem to understand confidentiality, although newer teachers seem to be better about it.

I didn't need to know who else was getting bad grades in math when I got a D in grade 11, I don't need to hear that my child's interview will be easy unlike child X who was just before us, I don't need hear about how the kids of people I know are doing in school,etc. Some of this is relatively harmless chit-chat, but still. Even some small things can be a breach of privacy - for example, Girl 2's school sent a group email about her bus, so that we could see everyone's name and email. Well, I practice under my maiden name while my kids have my husband's surname, and I didn't want some people to figure out the connection.

[BravaAmica]

I have several teachers as FB friends. They never, ever mention work. Like not even, "Gee, it's Monday. I have to go to work." And they, too, have the misspelled names and fake jobs on their FB profiles.