Fired for Facebook Post

[Skacall]

What is the name of your state (only U.S. law)? South Carolina



Hi,

I was hired as a corrections officer for the state of South Carolina on May 4th. Yesterday, May 20th, I was terminated. The termination letter stated that I was being fired because of a "racially insensitive" Facebook post that I had made several months ago.

The letter stated that the agency became aware of the Facebook post on April 28th. I was hired on May 4th. So I have a few questions about it.

First, how can I be fired for something that I did before I was hired, which wasn't illegal in any way?

Second, if they knew about the post PRIOR to hiring me yet still hired me, why are they suddenly taking action now?

It seems to me that if they knew about the post a full week before I was hired, yet they chose to hire me anyway, that would constitute tacit approval of the post. They had every right to rescind my offer of employment before I was hired on May 4th, but they chose not to. So doesn't that mean they waived their right to fire me based on that Facebook post?

Is there ANY action that I can take against the agency? I haven't violated any agency policies and have had perfect attendance at work since I was hired. My supervisors have called me a "model employee". I don't understand why this is happening.

 

[quincy]

What is the name of your state (only U.S. law)? South Carolina



Hi,

I was hired as a corrections officer for the state of South Carolina on May 4th. Yesterday, May 20th, I was terminated. The termination letter stated that I was being fired because of a "racially insensitive" Facebook post that I had made several months ago.

The letter stated that the agency became aware of the Facebook post on April 28th. I was hired on May 4th. So I have a few questions about it.

First, how can I be fired for something that I did before I was hired, which wasn't illegal in any way?

Second, if they knew about the post PRIOR to hiring me yet still hired me, why are they suddenly taking action now?

It seems to me that if they knew about the post a full week before I was hired, yet they chose to hire me anyway, that would constitute tacit approval of the post. They had every right to rescind my offer of employment before I was hired on May 4th, but they chose not to. So doesn't that mean they waived their right to fire me based on that Facebook post?

Is there ANY action that I can take against the agency? I haven't violated any agency policies and have had perfect attendance at work since I was hired. My supervisors have called me a "model employee". I don't understand why this is happening.

Do you still have the Facebook post online? If so, I recommend you remove it. Most employers do online searches now of applicants and employees. It is not smart to have anything available for the public to see that reflects poorly on you, as a "racially insensitive" posting would.

Employers do not waive their right to fire an employee. In South Carolina, your employer can fire you for any reason at all or even for no reason at all (with some notable exceptions).

Here is a link to South Carolina's Department of Labor, Licensing and Regulation website, linking to the Frequently Asked Questions page:
http://www.llr.state.sc.us/Labor/index.asp?file=wages/faq.htm

 

[Ohiogal]

Considering the fact that there is enough police brutality and issues in the news, you posting a "racially insensitive" post is probably leaning towards it being considered racist. Which means they don't want to risk YOU being a problem.

 

[Chyvan]

I was hired as a corrections officer for the state of South Carolina

You might have civil service protections.

There is also the possibility of unemployment benefits.

 

[commentator]

Quote: "So doesn't that mean they waived their right to fire me based on that Facebook post?"

In South Carolina, an at-will state, they always have a right to fire you. There are a few reasons might generate a problem for them, but they'll always have the right to do it. A charming misconception that they'd ever "waive" that right simply because they took you on before discovering the racist post. Or that they de facto agree with or accept the post because carried through and hired you after finding it.

Civil service protections usually only apply to someone who's not a probationary employee, which I would bet this OP was, and they certainly do not mean that you cannot be fired. You always have the right to file a claim for unemployment insurance. Probably in this situation, you'd stand a pretty fair chance of being approved based on this termination, as it was not really job related misconduct or a violation of policy, just them deciding they'd made a hiring mistake.

But you only worked there a week or two. Any benefits you'd be eligible for would be based on the previous employers you might have had in the last two years, not the state. you've not worked there long enough to have any wage claim from them.

 

[Ladyback1]

What is the name of your state (only U.S. law)? South Carolina



Hi,

I was hired as a corrections officer for the state of South Carolina on May 4th. Yesterday, May 20th, I was terminated. The termination letter stated that I was being fired because of a "racially insensitive" Facebook post that I had made several months ago.

The letter stated that the agency became aware of the Facebook post on April 28th. I was hired on May 4th. So I have a few questions about it.

First, how can I be fired for something that I did before I was hired, which wasn't illegal in any way?

Let's see---a corrections officer who posts racially insensitive remarks. No, no, it's not illegal; However it does go to show a certain frame of mind of a person. I'm betting the powers that be looked at that post and thought "hmmmmm....do we want this person with his prejudices working in the prison population???"

Second, if they knew about the post PRIOR to hiring me yet still hired me, why are they suddenly taking action now?

I suspect that your hiring was done, and then sent to head HR. Head HR looked at it, investigated, and decided that you were not a good fit for the job

It seems to me that if they knew about the post a full week before I was hired, yet they chose to hire me anyway, that would constitute tacit approval of the post. They had every right to rescind my offer of employment before I was hired on May 4th, but they chose not to. So doesn't that mean they waived their right to fire me based on that Facebook post?

no

Is there ANY action that I can take against the agency? I haven't violated any agency policies and have had perfect attendance at work since I was hired. My supervisors have called me a "model employee". I don't understand why this is happening.

Wow! 2 whole weeks of perfect attendance, and model employee...fabulous. However, supervisors do not always make the rules.

In the future, while you have every right to post ignorant and racist statements/joke/pictures/etc., should you? More and more employers are doing exhaustive background checks that include social media checks.

Best of luck my friend

 

[CdwJava]

Social media has ended many a law enforcement and corrections officer's career. People post stupid stuff and forward or "like" offensive or derogatory posts, videos, tweets, etc., and ALL of these can get you in trouble. My suggestion to people getting IN to the career is to delete their social media accounts and, if they feel they must, start a new one but keep it very, very, very blah. No pictures of drunken parties, no images of lines of beer bottles or fellow cop buddies smashed and passed out on the hood of someone's take home ride, no images of off duty officers twerking at a bar, etc. Linking the wrong video, image or post can be enough to get you disciplined, so don't.

As has been mentioned, you can be fired for stuff that is perfectly legal but shows poor judgement. Further, I suspect that you were a probationary employee meaning that they can get rid of you for pretty much ANY reason.

However, if they terminated you with cause, you MIGHT have a right to appeal the discipline through your MOU and the laws of your state. I am not familiar with the labor laws of correctional employees in your state, so I really don't know. But, out here if they let you go with cause, you'd have a right to appeal that decision. Check with your union rep. ASAP because you may have a very small window of opportunity if there is any at all.

 

[commentator]

Two weeks on the job as a probationary state employee for South Carolina, I would doubt if he's had time to join any union. They probably have nothing but a not very powerful state employee's union, you have to be a dues paying member in good standing before those folks will even talk to you. This is the southeastern U.S., where unions have never been very strong.

 

[CdwJava]

Two weeks on the job as a probationary state employee for South Carolina, I would doubt if he's had time to join any union. They probably have nothing but a not very powerful state employee's union, you have to be a dues paying member in good standing before those folks will even talk to you. This is the southeastern U.S., where unions have never been very strong.

Wow. I find that to be dumbfounding. Out here you are covered from day one - it would be stupid not to! He should talk to the union anyway as it is in their best interest to support their members, or, at least offer some advice - even to probationary employees. If they don't, they don't. And even if he is covered (and I suspect he is), the outcome likely won't change. If, however, he was terminated with cause, there should be due process that MUST be adhered to for that to happen. If he was simply let go as a probationary employee, then it's likely all done because due process would not apply.

Skacall, if you are eligible, apply for unemployment. The reason for termination MAY give you the ammo you need to seek redress for a violation of due process (if your state affords government employees or corrections personnel of such rights). I have known a number of probationary employees whose cases were made when they were told that their employment was terminated for cause ... oops! But, labor laws vary by state, so what holds true here may not hold true there. I suspect there are due process rights in the contract, however, so you really need to speak with someone at the union ASAP.