Comments on: Myspace’s ‘drunken pirate’ gets fired, sues employer http://www.hrtechnews.com/myspaces-drunken-pirate-gets-fired-sues-employer/ News and advice from the intersection of tech and HR Mon, 04 Jan 2010 16:24:33 -0500 http://wordpress.org/?v=abc hourly 1 By: Jhttp://www.hrtechnews.com/myspaces-drunken-pirate-gets-fired-sues-employer/comment-page-1/#comment-10619 J Fri, 29 May 2009 14:36:47 +0000 http://www.hrtechnews.com/?p=1503#comment-10619 I'd like to see the court's ruling on this because this doesn't sound like it'd be an actual First Amendment ruling. Most likely what it'd say is that the student teacher broke policy and the policy violation was grounds for dismissal. It likely stems from that initially, rather than the court ruling that you can't trash your employer online somewhere.....Okay, having read the ruling now, I feel justified with the above comment because First Amendment rights were part of the case, but also because she was asking to be granted her BSE and the judge found that having agreed to the conditions of the degree program, her poor evaluations throughout the course of the semester were sufficient grounds for termination. The MySpace posting was just icing on the cake, as it were. The judge deliberated on that sufficiently to ensure that a higher court wouldn't hear the case on potential Constitutional grounds, but to me it seems more of a policy related finding than a Constitutional one.I could be way off base here as I'm no lawyer. I’d like to see the court’s ruling on this because this doesn’t sound like it’d be an actual First Amendment ruling. Most likely what it’d say is that the student teacher broke policy and the policy violation was grounds for dismissal. It likely stems from that initially, rather than the court ruling that you can’t trash your employer online somewhere.

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Okay, having read the ruling now, I feel justified with the above comment because First Amendment rights were part of the case, but also because she was asking to be granted her BSE and the judge found that having agreed to the conditions of the degree program, her poor evaluations throughout the course of the semester were sufficient grounds for termination. The MySpace posting was just icing on the cake, as it were. The judge deliberated on that sufficiently to ensure that a higher court wouldn’t hear the case on potential Constitutional grounds, but to me it seems more of a policy related finding than a Constitutional one.

I could be way off base here as I’m no lawyer.

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