Do i need a lawyer and does my employer have a case?
I work at a spa and was suspended for 2 weeks with no pay because i "violated the social media policy". I was granted unemployment for the 2 weeks and now my employer is appealing and we are having a phone hearing. All i did was post a meme on my facebook that had the F-word in it. She had a meeting a few months ago saying she didnt like us using vulgar language on our facebooks but that was her opinion and our social media policy does not mention cursing or foul language. They also wrote me up before suspending me and i signed it even though i didnt agree because they threatened to fire me. Her proof is my meme that says the F-word, a screen shot of my facebook page where i gave a disclaimer that said "nothing i post or comment on is associated with my place of employment" (which is what she told us to do in the social media policy), and a meme i posted of a cat that is looking at papers with HR that says "when HR shows facebook posts". We dont have HR. I also signed the social media policy after posting my "offensive" material. I also do not have my place of employment on my facebook nor do i have any of the management. Do i need a lawyer because my boss is being petty?
1 attorney answer
It is important for you to know that, if the Department of Labor later decides that you should not have received unemployment, you may have to pay that back. A lot of people do not realize that. Unfortunately, employers can make employment decisions for just about any reason, unless it is discriminatory or otherwise illegal, even if the reason seems unfair. Since you are not employed by the government, you do not have a right to Free Speech. It may be the best use of your time and energy to see if you patch up your relationship with your employer since your legal options appear limited.