Fired for Refusing to Reveal Facebook Password

[unokitty]

Teachers aide fired for refusing to reveal Facebook Password.

Since this person was fired, it is a bit different than the previous discussions concerning being asked for a Facebook password during a job interview.

Interesting situation. Wonder if this will actually make it to court...

Uno

 

[RavenSEAL]

Here we go, bring on the Supreme Court.

 

[xanis]

Good for her. She should be fighting this.

 

[TheVrolok]

Good for her. She should be fighting this.

This

 

[her209]

“I have the right to privacy,” she told WSBT.

a parent who was friends with Hester on Facebook notified the school about the picture.

Oops!

 

[mmntech]

The Republicans showed how out of touch they are for ending debate on the proposed law to ban this sort of action. I consider myself politically conservative BTW.

Legally, Facebook can sue anyone who gives up or forces someone to give up their password. That EULA you "signed" when you registered is a legal contract. If fact, it would be in Facebook's best interest to do so. Not from a standing up for the little guy perspective, but mainly a business one. It would severely damage the company's reputation. Simply because it compromises the security of not one user, but all their friends as well. Remember that when you give someone your password, they have near unrestricted access to information for every one of your friends.

 

[ImpulsE69]

Being asked and/or forced to give out your passwords to ANYTHING that is not directly related and/or on your work network should be illegal. Period.

It's not about having something to hide, it's about that info being used against you for other reasons: race, religion, creed, you know..all that stuff we're supposed to be protected from when it comes to jobs? What we are headed for if this becomes standard is people being harassed and fired over something as simple as differing opinions and rival football teams ;p

 

[OverVolt]

Being asked and/or forced to give out your passwords to ANYTHING that is not directly related and/or on your work network should be illegal. Period.

It's not about having something to hide, it's about that info being used against you for other reasons: race, religion, creed, you know..all that stuff we're supposed to be protected from when it comes to jobs? What we are headed for if this becomes standard is people being harassed and fired over something as simple as differing opinions and rival football teams ;p

Yup agreed, supreme court decision please.

 

[Corporate Thug]

we definitely need some legal precedent in this area.

 

[Childs]

According to a letter from the Cassopolis schools superintendent to the Lewis Cass Intermediate superintendent, a parent who was friends with Hester on Facebook notified the school about the picture.

With friends like these...

 

[Lifted]

It's not about having something to hide, it's about that info being used against you for other reasons: race, religion, creed, you know..all that stuff we're supposed to be protected from when it comes to jobs?

And this is why if I were ever asked for my FB password during an interview, my facebook page, which I haven't logged into in ages, would be absolutely plastered with all of that material. If at that point they decide to not offer me the job... hello payday. :awe:

 

[DCal430]

If this was California, this wouldn't happen. You cannot just fire a government employee like this. There are hearings, panels, and due process procedures that must be followed. There are also costly appeals and what not. Usually the teacher has to be caught having sex with a student to even be fired.

 

[Murloc]

I'd think it's obvious not to accept facebook friends outside of your personal sphere, but it's difficult yeah.

Anyway I don't think that the situation is very clear: did they ask him to see his facebook page, or did they ask him for his password?
the latter is or should be a crime just like demanding to know private bank account information or that sort of stuff.
The former is a bit difficult. One could have personal pics stored as "only me" pictures so it may be a problem. But I think that anyone who is not stupid doesn't keep his archive on facebook, and everything he posts is for all his friends to see, so it's almost public, so I'd just comply and let him see the picture in question.

 

[Corporate Thug]

If this was California, this wouldn't happen. You cannot just fire a government employee like this. There are hearings, panels, and due process procedures that must be followed. There are also costly appeals and what not. Usually the teacher has to be caught having sex with a student to even be fired.

It depends...not all employees are covered by a collective bargaining agreement. Also, I think the teacher in the OP has the same rights the story says she was placed on paid admin leave pending outcome of arbitration.

 

[shortylickens]

I'm gonna get a 2nd Facebook just for official business.

 

[nanette1985]

My very broke son applied for a job at a big box tech store and he doesn't have a facebook account - they said they couldn't interview him for a job since he wouldn't give them access to his facebook information. I think he's lucky they wouldn't interview him - I wouldn't want to work for a place that stupid.

 

[DCal430]

It depends...not all employees are covered by a collective bargaining agreement. Also, I think the teacher in the OP has the same rights the story says she was placed on paid admin leave pending outcome of arbitration.

Due Process Rights for government workers is a right of the U.S Constitution.

 

[pontifex]

i really don't get the thought process behind what makes someone think this is any where near ok?

 

[xanis]

My very broke son applied for a job at a big box tech store and he doesn't have a facebook account - they said they couldn't interview him for a job since he wouldn't give them access to his facebook information. I think he's lucky they wouldn't interview him - I wouldn't want to work for a place that stupid.

*facepalm* If I were him I'd raise a little hell with corporate playing the discrimination card.

 

[xanis]

I'm gonna get a 2nd Facebook just for official business.

That shouldn't even be necessary. You should be entitled to your privacy.

 

[dmcowen674]

Fired for Refusing to Reveal Facebook Password

Everyone should be fired if they do not give their password to their employer.

You and everything you do both on and off work belongs to the Corporation.

 

[foghorn67]

The Republicans showed how out of touch they are for ending debate on the proposed law to ban this sort of action. I consider myself politically conservative BTW.

Legally, Facebook can sue anyone who gives up or forces someone to give up their password. That EULA you "signed" when you registered is a legal contract. If fact, it would be in Facebook's best interest to do so. Not from a standing up for the little guy perspective, but mainly a business one. It would severely damage the company's reputation. Simply because it compromises the security of not one user, but all their friends as well. Remember that when you give someone your password, they have near unrestricted access to information for every one of your friends.

To be fair, this was a rider/addendum to another bill.

They need to write it's own bill for it.

 

[Gibson486]

Everyone should be fired if they do not give their password to their employer.

You and everything you do both on and off work belongs to the Corporation.

with that logic, you should have no issues telling your company what position you do with your wife every night.

 

[MotionMan]

But I think that anyone who is not stupid doesn't keep his archive on facebook, and everything he posts is for all his friends to see, so it's almost public, so I'd just comply and let him see the picture in question.

I am not familiar with the legal concept of "almost public".

Please explain.

MotionMan

 

[pauldun170]

"Give us your password!!!"

If my current employer asked:
To do so violates the user agreement so to provide you the password results in termination of the account (hence, giving you my password results in no Facebook account to view). Also, providing you access to my account compromises the privacy of those who have granted me "friend status".

Therefore in order for me to even consider your request for my password I will need a legal signed document from Facebook explicitly stating that they will not terminate my account if I provide you the password OR they agree to an alternate method to provide the information you seek.

I will also need a notarized letter from each Facebook user whose account I am entitled to view (as defined by "friend" relationship) explicitly stating that you have permission to view information that I have been granted access too.

Once this documentation has been provided to me (and my lawyer), then I will consider your request.
This is not a guarantee that I will provide a password.
This is only the request process.

If this were some sort of interview, I'd just bring up the first point. I'd also thank them for their time and leave. If HR is to stupid to figure that out, stupid probably runs rampant in the corporate culture.