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> <channel><title>Comments on: Employee fired for MySpace page sues: Who wins?</title> <atom:link href="http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/feed/" rel="self" type="application/rss+xml" /><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/</link> <description>News and advice from the intersection of tech and HR</description> <lastBuildDate>Mon, 04 Jan 2010 16:24:33 -0500</lastBuildDate> <generator>http://wordpress.org/?v=abc</generator> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <item><title>By: Casting a Digital Shadow; Your Reputation Precedes You &#124;</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-13854</link> <dc:creator>Casting a Digital Shadow; Your Reputation Precedes You &#124;</dc:creator> <pubDate>Mon, 27 Jul 2009 12:42:06 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-13854</guid> <description>[...] high school teacher Jeffrey Spanierman was fired after hosting an inappropriate MySpace page that contained nude photos of men, foul language and [...]</description> <content:encoded><![CDATA[<p>[...] high school teacher Jeffrey Spanierman was fired after hosting an inappropriate MySpace page that contained nude photos of men, foul language and [...]</p> ]]></content:encoded> </item> <item><title>By: Casting a Digital Shadow; Your Reputation Precedes You &#124; PR2.0</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-13316</link> <dc:creator>Casting a Digital Shadow; Your Reputation Precedes You &#124; PR2.0</dc:creator> <pubDate>Sat, 18 Jul 2009 18:01:02 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-13316</guid> <description>[...] high school teacher Jeffrey Spanierman was fired after hosting an inappropriate MySpace page that contained nude photos of men, foul language and [...]</description> <content:encoded><![CDATA[<p>[...] high school teacher Jeffrey Spanierman was fired after hosting an inappropriate MySpace page that contained nude photos of men, foul language and [...]</p> ]]></content:encoded> </item> <item><title>By: Google, Facebook and Myspace Become the New Resume</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-13315</link> <dc:creator>Google, Facebook and Myspace Become the New Resume</dc:creator> <pubDate>Sat, 18 Jul 2009 17:59:30 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-13315</guid> <description>[...] high school teacher Jeffrey Spanierman was fired after hosting an inappropriate MySpace page that contained nude photos of men, foul language and [...]</description> <content:encoded><![CDATA[<p>[...] high school teacher Jeffrey Spanierman was fired after hosting an inappropriate MySpace page that contained nude photos of men, foul language and [...]</p> ]]></content:encoded> </item> <item><title>By: Lacey Jay</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-10037</link> <dc:creator>Lacey Jay</dc:creator> <pubDate>Thu, 21 May 2009 00:51:45 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-10037</guid> <description>I got fired yesterday for having a myspace page and being friends with on of the boys that was in the childrens home I worked for (while there is still 4 other workers that are his friends and they have yet to fire them). My boss said it was &quot;TACKY&quot;.  I&#039;m not sure where I should go from here.</description> <content:encoded><![CDATA[<p>I got fired yesterday for having a myspace page and being friends with on of the boys that was in the childrens home I worked for (while there is still 4 other workers that are his friends and they have yet to fire them). My boss said it was &#8220;TACKY&#8221;.  I&#8217;m not sure where I should go from here.</p> ]]></content:encoded> </item> <item><title>By: It&#8217;s Spring Break: Don&#8217;t Get Photographed Doing Anything Stupid (or Tweet About It Later) &#124; AtLaw.org</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-7767</link> <dc:creator>It&#8217;s Spring Break: Don&#8217;t Get Photographed Doing Anything Stupid (or Tweet About It Later) &#124; AtLaw.org</dc:creator> <pubDate>Sun, 12 Apr 2009 12:17:37 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-7767</guid> <description>[...] there&#8217;s the teacher who got fired for his MySpace page, which he said he created to communicate with students outside of school and build a better [...]</description> <content:encoded><![CDATA[<p>[...] there&#8217;s the teacher who got fired for his MySpace page, which he said he created to communicate with students outside of school and build a better [...]</p> ]]></content:encoded> </item> <item><title>By: Barbara L. Briggs, Esq.</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-7314</link> <dc:creator>Barbara L. Briggs, Esq.</dc:creator> <pubDate>Mon, 06 Apr 2009 13:14:10 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-7314</guid> <description>As an employment lawyer, I need to point out that even &quot;freedom of speech,&quot; which is generally relevant when the employer is a governmental entity such as a school, is subject to restrictions.  For example, no one can falsely yell &quot;fire&quot; in a crowded movie theater, if there really isn&#039;t a fire, without breaking the law, becuase it puts people in danger of being crushed to death by a crowd.  No one can publish child porn without breaking the law, because we have decided as a society that this is indecent and exploits children.  Free speech laws are governed by the strictest standard of scrutiny by the courts--laws passed by any type of government must bear a direct relationship to a compelling governmental interest.  Endangering moviegoers and exploiting children are compelling government interests.In this case, the teacher&#039;s conduct probably violated several constitutionally sound local statutes protecting children, parents and the community at large.  His conduct was also obviously relevant to his suitability to teach children.  Unless you are an H.R. representative for the government, however, generally it is a good idea, in a diplomatic way, to train employees at the very beginning of their employment that they have no free speech &quot;rights&quot; with regard to their employer, at-will or unionized.  To a great degree, you can, and should, be &quot;Big Brother,&quot; becuase you need to protect your employer, within the constraints of local, state and federal law.  This is, of course, not legal advice, but my personal effort to help to educate readers.</description> <content:encoded><![CDATA[<p>As an employment lawyer, I need to point out that even &#8220;freedom of speech,&#8221; which is generally relevant when the employer is a governmental entity such as a school, is subject to restrictions.  For example, no one can falsely yell &#8220;fire&#8221; in a crowded movie theater, if there really isn&#8217;t a fire, without breaking the law, becuase it puts people in danger of being crushed to death by a crowd.  No one can publish child porn without breaking the law, because we have decided as a society that this is indecent and exploits children.  Free speech laws are governed by the strictest standard of scrutiny by the courts&#8211;laws passed by any type of government must bear a direct relationship to a compelling governmental interest.  Endangering moviegoers and exploiting children are compelling government interests.</p><p>In this case, the teacher&#8217;s conduct probably violated several constitutionally sound local statutes protecting children, parents and the community at large.  His conduct was also obviously relevant to his suitability to teach children.  Unless you are an H.R. representative for the government, however, generally it is a good idea, in a diplomatic way, to train employees at the very beginning of their employment that they have no free speech &#8220;rights&#8221; with regard to their employer, at-will or unionized.  To a great degree, you can, and should, be &#8220;Big Brother,&#8221; becuase you need to protect your employer, within the constraints of local, state and federal law.  This is, of course, not legal advice, but my personal effort to help to educate readers.</p> ]]></content:encoded> </item> <item><title>By: Lauren</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-2694</link> <dc:creator>Lauren</dc:creator> <pubDate>Tue, 11 Nov 2008 18:54:44 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-2694</guid> <description>Just to clarify:This is from Mike R: &quot;They don’t realize that the Bill of Rights guarantees that the GOVERNMENT will not infringe on these rights.&quot;In this situation, Spanierman&#039;s employer is the government. That&#039;s what makes this case different from one where, say, an employee at a private company gets fired for posting an offensive bumper sticker on her car.</description> <content:encoded><![CDATA[<p>Just to clarify:</p><p>This is from Mike R: &#8220;They don’t realize that the Bill of Rights guarantees that the GOVERNMENT will not infringe on these rights.&#8221;</p><p>In this situation, Spanierman&#8217;s employer is the government. That&#8217;s what makes this case different from one where, say, an employee at a private company gets fired for posting an offensive bumper sticker on her car.</p> ]]></content:encoded> </item> <item><title>By: Lauren</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-2691</link> <dc:creator>Lauren</dc:creator> <pubDate>Tue, 11 Nov 2008 18:51:59 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-2691</guid> <description>Actually, the idea of &quot;rights&quot; does come in to play here if we&#039;re talking about a public school. If Spanierman was a government employee who felt that his employer was violating his right to free speech, that would be a legitimate claim. Employees of private companies do not have a right to free speech in the context of their employment. Employees of the government do.I&#039;m not saying I agree or disagree with the school&#039;s or the courts decision, only that Spanierman does actually have first amendment rights in this context if he was indeed a public employee.</description> <content:encoded><![CDATA[<p>Actually, the idea of &#8220;rights&#8221; does come in to play here if we&#8217;re talking about a public school. If Spanierman was a government employee who felt that his employer was violating his right to free speech, that would be a legitimate claim. Employees of private companies do not have a right to free speech in the context of their employment. Employees of the government do.</p><p>I&#8217;m not saying I agree or disagree with the school&#8217;s or the courts decision, only that Spanierman does actually have first amendment rights in this context if he was indeed a public employee.</p> ]]></content:encoded> </item> <item><title>By: Richard</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-2676</link> <dc:creator>Richard</dc:creator> <pubDate>Mon, 10 Nov 2008 22:00:37 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-2676</guid> <description>Mike R,Coming from a registered unaffiliated voter, your last two paragraphs will probably become more and more relevent during the next four years.  Interestingly, the previous eight didn&#039;t show much in the way of a government getting out of the way of the individual, either.  Americans really need to think about how much additional government control and regulation affects one&#039;s ability to govern oneself.  What&#039;s scary is the majority of Americans support federal government intervention into state or private matters (ex. medical insurance, marriage definitions).  If the majority opinion is in direct opposition to the founding principles of our country, does that mean we should begin to move in a different direction?  Or do we tell the majority of Americans their views are unamerican?  Sorry to get political and pseudo-philosophical, but the can of worms was already open.</description> <content:encoded><![CDATA[<p>Mike R,</p><p>Coming from a registered unaffiliated voter, your last two paragraphs will probably become more and more relevent during the next four years.  Interestingly, the previous eight didn&#8217;t show much in the way of a government getting out of the way of the individual, either.  Americans really need to think about how much additional government control and regulation affects one&#8217;s ability to govern oneself.  What&#8217;s scary is the majority of Americans support federal government intervention into state or private matters (ex. medical insurance, marriage definitions).  If the majority opinion is in direct opposition to the founding principles of our country, does that mean we should begin to move in a different direction?  Or do we tell the majority of Americans their views are unamerican?  Sorry to get political and pseudo-philosophical, but the can of worms was already open.</p> ]]></content:encoded> </item> <item><title>By: Judy Buckley</title><link>http://www.hrtechnews.com/employee-fired-for-myspace-page-sues-who-wins/comment-page-1/#comment-2629</link> <dc:creator>Judy Buckley</dc:creator> <pubDate>Fri, 07 Nov 2008 23:27:58 +0000</pubDate> <guid
isPermaLink="false">http://www.hrtechnews.com/?p=404#comment-2629</guid> <description>Many times people think they have a right to something which is not a constitutionally guaranteed right. This &quot;right&quot; they think they have is actually a strong desire.  They may be thinking it&#039;s a right because of the &quot;right to the pursuit of happiness&quot; which doesn&#039;t name specific things one can or cannot do in that pursuit, so it seems to become a catch-all. So, they think they can use their work computer any way they want and, since the material is their personal stuff, the company can&#039;t look at it. This idea of  a &quot;right&quot; to do what we want, no matter how it might infringe on others&#039; rights to live their lives can be seen in so many instances of discourteous behavior, from obnoxiously loud car radios, late night parties, reckless driving to poor customer service - you name it. It&#039;s kind of hard to believe that people extend their &quot;rights&quot; into all these ways, and then are shocked and outraged if they don&#039;t like the reactions or consequences to their behavior.</description> <content:encoded><![CDATA[<p>Many times people think they have a right to something which is not a constitutionally guaranteed right. This &#8220;right&#8221; they think they have is actually a strong desire.  They may be thinking it&#8217;s a right because of the &#8220;right to the pursuit of happiness&#8221; which doesn&#8217;t name specific things one can or cannot do in that pursuit, so it seems to become a catch-all. So, they think they can use their work computer any way they want and, since the material is their personal stuff, the company can&#8217;t look at it. This idea of  a &#8220;right&#8221; to do what we want, no matter how it might infringe on others&#8217; rights to live their lives can be seen in so many instances of discourteous behavior, from obnoxiously loud car radios, late night parties, reckless driving to poor customer service &#8211; you name it. It&#8217;s kind of hard to believe that people extend their &#8220;rights&#8221; into all these ways, and then are shocked and outraged if they don&#8217;t like the reactions or consequences to their behavior.</p> ]]></content:encoded> </item> </channel> </rss>
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