The city of West Allis (Wisc.) is appealing an arbitrator’s order to rehire a dispatcher fired last year for posting on Facebook that she was addicted to drugs. The city fired Dana Kuchler, 45, after learning of the off-duty posting, but she filed a union grievance, and an arbitrator ruled the discipline warranted only a 30-day unpaid suspension. Kuchler, a 21-year veteran, testified that she’s never had a drug addiction and, in fact, tested negative for drugs. She also notes that she included the word “Ha” in the posting, a traditional indication that a statement is a joke. The arbitrator said that the city did not have any social networking regulations at the time that would have prohibited Kuchler from making Facebook remarks. But in its appeal of the arbitrator’s decision, the city says that, “Making stupid jokes on Facebook where the line between public and private communications is admittedly blurred, calls into question that good judgment and common sense of the grievant and her resulting ability to perform her job.” The city also explained, “This is a case where a Police and Fire dispatcher’s conduct—publicly posting her addiction to controlled substances and illegal drugs—mocks and is blatantly inconsistent with the mission of the Police Department that employs her—upholding the laws prohibiting the use and distribution of such substances.” Lastly, the city contends that Kuchler was at the last stage of a five-step progressive discipline process used with city employees, and termination was appropriate.
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Just a heads up: be very careful what you post on facebook! even if you don’t think there is anything wrong with what you say, agencies tend to find something wrong with it. I learned this the hard way although not for the reason that this dispatcher was fired.
I am ever so amazed, everyday, at the stupid bonehead things people will do.
Common sense is a lot like wisdom teeth – both do not develop until somewhere between 17 and 25, and both are slowly disappearing from the human species
Start reading Pickering v. Board of Education (google it). Government agencies better be careful about abridging the first amendment rights of public employees. Copious case law on this, usually favoring the employee.
If you also google “public employees freedom of speech” you’ll also get a lot of hits…public employees have stronger protections to prevent their government employer from attempting to squelch their first amendment rights as a means to enforce workplace rules.
This dispatcher may have a valid civil rights violation claim.
You’ll also need to read about Garcetti v. Ceballos, a 2006 Supreme Court decision that has been interpreted to have some effects on Pickering. It’s definitely a slippery slope, but hopefully the West Allis case will be resolved in a way that warns both sides about what constitutes reasonable discourse by a public servant that is protected by the First Amendment, and the consequences of a heavy-handed response by the employer.
I think that there is some credence to the theory that they were just looking for an excuse to cut loose a legacy employee, in favor of hiring someone without that high-powered seniority in a union shop.
Thanks for the case law information. Headed there now to read it…..
People sound off on work and whatever else on Facebook because it’s a friending network.
I can’t be sued if I say (for example) my boss is being a total jerk today to a friend in my back yard or on the phone.
In the same manner, why is it anyone’s business what I say on Facebook?
The error here is that Facebook is a friending network. Work people are never friends, no matter how good you get along with them. Never mix work & play. It backfires. Every time.
You are soooo right! I learned the hard way that work people are not friends, especially in this environment. With 2 separate sets of co-workers I have had to block them from facebook. And I was extremely vague in my vents. To the point of not even using genders in my vents. Which told me that a co-worker(s) were targeting my vents and twisting my words to meet their agenda. I will NEVER make that mistake again.