Employee Monitoring and Communication Essay

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(Work) Employee Communication and Monitoring

According to Miller and Hollowell (2016), “the emergence of Facebook and other social networking sites has created a number of legal and ethical issues for businesses” (p. 98). In the recent past, there have been instances of people being fired because of posts or utterances made on their social media accounts. This is more so the case given that the line between professional life and personal life is increasingly being blurred, thanks to the prevalence of social media. One such instance involved Ashley Payne.

Summary of the Case

Payne, a high school teacher, was forced to resign from her teaching position after a parent complained of a picture she had posted in her Facebook account in 2009 holding alcoholic drinks in both of her hands. The school administration was also of the opinion that a B-word she had used in her page was offensive and unprofessional. The complaint made to the school administration came from a single parent. It is also important to note that at the time Payne made the said posts, her Facebook privacy settings were set to ‘high’, which effectively means that any picture posted could only be viewed by those who were her pals on the said social media platform.

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One of her friends on Facebook, it was revealed, was one of her students – effectively meaning that the said student had access to Payne’s profile. It was this particular student’s parent who filed an anonymous complaint against Payne.

Decision

Payne claimed that she was pressured to resign after the school gave her two options – suspension or resignation. It was after she reconsidered her decision to resign that she filed “a writ of mandamus alleging that the Georgia Fair Dismissal Act entitled Payne to a hearing and appropriate compensation” (Oppenheim, 2013). The school district on the other hand, as Oppenheim further points out filed a summary judgment motion, in response, whereby the court made a ruling to the effect that “Payne’s resignation meant that she was disqualified for protection under the act.”

Personal Opinion

I am opposed to the court’s ruling in this case for a number of reasons. The court deemed Payne’s resignation as having been willful – especially given that two options were presented to her, i.e. resignation or suspension. She had the freedom of choosing either. There is another larger….....

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References

Miller, R.L. & Hollowell, W.E. (2016). Business Law: Texts and Exercise (8th ed.). Mason, OH: Cengage Learning.

Miller, R.L. (2016). Business Law Today (11th ed.). Mason, OH: Cengage Learning.

Oppenheim, R. (2013). High School Teacher Files an Appeal in Case of Social Media Related Resignation. Retrieved from https://www.californiabusinesslitigation.com/2013/05/high_school_teacher_files_an_a.html

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