UK tribunal upholds Apple's firing of retail employee for critical Facebook post

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  • Reply 21 of 32
    Quote:
    Originally Posted by tylerk36 View Post


    But one thing is for sure. Apple didn't suffer from this. Their rep is intact. One lone man on Facebook takes on Apple. Apple loses terribly. Not a chance.





    Actually it's more subtle than that. He broke a term of his contract so was dismissed for gross misconduct.



    The tribunal have to balance his right to free speech against Apple's right to protect their brand.



    However Apple do not have to show any actual loss - only that it is reasonable to restrict employees in this way.
  • Reply 22 of 32
    boeyc15boeyc15 Posts: 986member
    Quote:
    Originally Posted by RichardM View Post


    Actually it's more subtle than that. He broke a term of his contract so was dismissed for gross misconduct.



    The tribunal have to balance his right to free speech against Apple's right to protect their brand.



    However Apple do not have to show any actual loss - only that it is reasonable to restrict employees in this way.





    If material harm is not shown or personal attacks, how can any none work location related restriction be deemed unreasonable then? Ummm if you work at Apple, you cannot wear blue at home. Why? People know you work at Apple, and blue is Google, therefor you are disparaging Apple. Yes it is stupid. But not a much further than no private blogging.



    If this person went on a CNN etc blog and was stupid enough to spout off AND ITS FALSE or company proprietary information etc that's one thing. But spouting off in personal blog to a hand full of people..., yes 1984 is here.



    Be careful what you wish for.... Slippery slope.
  • Reply 23 of 32
    nvidia2008nvidia2008 Posts: 9,262member
    Quote:
    Originally Posted by Firefly7475 View Post


    Personally all my Facebook friends are real friends.



    Facebook is the best way to keep in contact with friends once everyone starts moving around the country and the world.



    No worries, I think you're the exception. Let me guess, you have no more than 150 on your Friends list? (Not saying you don't have friends, I'm estimating the range).



    There are people out there who regularly have 500-2000+ "Friends". These are the people who have a lot of FaceBook Friends, and maybe not as much Real Friends.



    Those with less than 500 "Friends" lean more towards having mostly Real Friends. Still, even just 200 "Friends" means that's about 100 Real Friends and the rest acquaintances.



    Maybe I'm stodgy and old, but at only 33 I was blown away when my ex-girlfriend was so into Facebook and then kept complaining to me she didn't have a single real friend to lean on in her time of need.



    I have several "real" friends who I communicate with via email. Twitter is rare, and Facebook is more like a generic social networking thing especially with colleagues. Ironically colleagues love Facebook so they can share non-work-related stuff during work time. If they are specifically complaining about the company or someone else though, they use IM.



    I'm not into social media. It has its uses, but it's way, way overblown. I mean, we've got email, Twitter, phone, SMS, WhatsApp, FaceBook, LinkedIn... Plus all sorts of instant messaging, and yet people are saying (now another girl at my office... [yes I seem to attract that type]) was saying how she's feeling so alone.



    Freud and Nietzsche would love to be live in this digital age.
  • Reply 24 of 32
    nvidia2008nvidia2008 Posts: 9,262member
    Also, I've hidden everybody's status updates. That's because for a while tons of people kept posting NSFW stuff, especially gruesome accident/death pics and videos. Somehow, in Asia, there's less of a taboo sharing that among younger generations, and more disturbingly, they don't seem to care about it. They'd happily post a suicide/ accident/ death pic or video but rarely anything sexually provocative.
  • Reply 25 of 32
    richlrichl Posts: 2,213member
    Quote:
    Originally Posted by AppleInsider View Post


    The employee, named Crisp, lodged a complaint with the tribunal after he was fired for gross misconduct when negative posts to a private Facebook page were passed along to the Apple Store manager by a coworker.



    No wonder he was making derogatory comments if he's got co-workers like this one.
  • Reply 26 of 32
    drdoppiodrdoppio Posts: 1,132member
    Quote:
    Originally Posted by RichL View Post


    No wonder he was making derogatory comments if he's got co-workers like this one.



    I would have fired the snitch.
  • Reply 27 of 32
    On January 13th this year I had a major spat with my head of department. On the 17th I subsequently took 6 months sick leave on full pay. The day I went off sick I closed my Facebook Account to avoid any temptation to 'diss' my employer. I've never reactivated it.



    Instead we engaged in a game of email chess. Trying to outmanoeuvre each other with dialectics. I returned to work in July having achieved Checkmate. They have kept well away from me since my return.
  • Reply 28 of 32
    If you don't protect your reputation. YOU LOOSE IT. Just like patent rights. Defend it ALL or loose it all!!!! Whiners and complainers should look elsewhere to be content with their job.



    Quote:
    Originally Posted by tylerk36 View Post


    Ok was the man ordered to post an apology? No.



    Was the man ordered to contact Facebook and request to remove the post? No.



    Did we all hear about a man causing Apple to lose face over a Facebook Post? No.



    Did he get sued over the post on Facebook? No.



    Did CNN, BBC, FOX News, ABC News, CBS News, NBC News and any other news company air that Apple was in big trouble because of one persons negative Facebook post about his boss? No.



    Google I hate apple. See how many hits comes up. About 95,900,000 results. Google I hate Microsoft. About 21,900,000 results. Big difference huh?



    Was the man wrong for what he did? Some say yes and some say no. But who was hurt in the long run? The guy who posted it on Facebook.



    I guess it comes down to Company discretion. I would think that a contract should be signed when you get hired at an Apple store. Part of it with should say that in no way will you publicly ridicule Apple. After all you are a sales man.



    I find it hard to not think of the little guy. And I would bet that he did cross the line and yes the Apple store in question may have tried to work with him. Maybe the guy is a real a#@ Hole. Maybe he's not. We really don't have all the facts as to what exactly he said on Facebook.



    But one thing is for sure. Apple didn't suffer from this. Their rep is intact. One lone man on Facebook takes on Apple. Apple loses terribly. Not a chance.



    So we really have quite a blog going here. Nice to see all the input. Cheers.



  • Reply 29 of 32
    macrulezmacrulez Posts: 2,455member
    deleted
  • Reply 30 of 32
    macrulezmacrulez Posts: 2,455member
    deleted
  • Reply 31 of 32
    The case isn?t specific to Apple: my employer has the same set of rules, which I believe are pretty common in tech companies. I can?t comment publicly on my company?s products (no matter what comments that may be) unless my job is to do so (it isn?t).



    So, it all comes down to the question whether this man has broken terms of contract by ?privately publishing? this info, and the court apparently decided that he has.



    Why anyone discussing this case at all? Simple:



    1. This is Apple.

    2. Those were negative comments.



    Aha, evil tyranny strikes again! Good click magnet. And for those people who really want to know what it is like working at Apple you can freely google up stories of ex employees ? preferably the ones who left the company on their own. The rest is free to keep believing that Apple image as a company worth working for is achieved only through the total control over their employed slaves.
  • Reply 32 of 32
    Quote:
    Originally Posted by boeyc15 View Post


    If material harm is not shown or personal attacks, how can any none work location related restriction be deemed unreasonable then? Ummm if you work at Apple, you cannot wear blue at home. Why? People know you work at Apple, and blue is Google, therefor you are disparaging Apple. Yes it is stupid. But not a much further than no private blogging.



    If this person went on a CNN etc blog and was stupid enough to spout off AND ITS FALSE or company proprietary information etc that's one thing. But spouting off in personal blog to a hand full of people..., yes 1984 is here.



    Be careful what you wish for.... Slippery slope.



    In UK employment law there is an over-arching requirement of reasonableness. It would not be reasonable to dismiss for wearing blue at home and in any event I cannot see that this breaches the contractual term which the tribunal would interpret (if there was a lack of clarity) in favour of the employee. It probably would be reasonable to dismiss for publicly denigrating your employer.
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