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	<title>Comments on: Facebook and Expectations of Privacy</title>
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	<link>http://lawiscool.com/2009/04/24/facebook-and-expectations-of-privacy/?nucrss=1</link>
	<description>The law school blog and podcast from Canada</description>
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		<title>By: Tim B</title>
		<link>http://lawiscool.com/2009/04/24/facebook-and-expectations-of-privacy/comment-page-1/#comment-5392</link>
		<dc:creator>Tim B</dc:creator>
		<pubDate>Sat, 02 May 2009 18:26:11 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=1569#comment-5392</guid>
		<description>JamesHalifax: Absolutely -- don&#039;t lie to your boss.

Posting to Facebook, in and of itself, would tell you nothing about the values or honesty of an employee.  No more than posting comments at a website would, anyway.  The content of the postings could tell you quite a bit, however.</description>
		<content:encoded><![CDATA[<p>JamesHalifax: Absolutely &#8212; don&#8217;t lie to your boss.</p>
<p>Posting to Facebook, in and of itself, would tell you nothing about the values or honesty of an employee.  No more than posting comments at a website would, anyway.  The content of the postings could tell you quite a bit, however.</p>
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		<title>By: JamesHalifax</title>
		<link>http://lawiscool.com/2009/04/24/facebook-and-expectations-of-privacy/comment-page-1/#comment-5372</link>
		<dc:creator>JamesHalifax</dc:creator>
		<pubDate>Wed, 29 Apr 2009 21:13:23 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=1569#comment-5372</guid>
		<description>If you don&#039;t want to be fired.....the first thing to do is NOT lie to your boss.  

I have no sympathy whatsoever.  If she was dumb enough to post to Facebook, who would really want her working for them anyway?</description>
		<content:encoded><![CDATA[<p>If you don&#8217;t want to be fired&#8230;..the first thing to do is NOT lie to your boss.  </p>
<p>I have no sympathy whatsoever.  If she was dumb enough to post to Facebook, who would really want her working for them anyway?</p>
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		<title>By: Tim B</title>
		<link>http://lawiscool.com/2009/04/24/facebook-and-expectations-of-privacy/comment-page-1/#comment-5369</link>
		<dc:creator>Tim B</dc:creator>
		<pubDate>Wed, 29 Apr 2009 15:27:23 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=1569#comment-5369</guid>
		<description>Mitch Kowalski:  it may be that she lied to her employer about being sick, but use of Facebook in her own home provides the employer with no proof that she lied about being at home convalescing.  

All we have to go on in this story is the fact that she was &quot;spotted&quot; on Facebook while on a sick day.  Despite Facebook&#039;s public nature, this is *not* the same as being spotted at the golf course.  A person can use Facebook while sick in a way that a person can&#039;t play golf while sick.  The only way the employer&#039;s actions make sense is if they were the last in a series of established instances of dishonesty - but we have no information about that, so our discussion is about the the apparent firing of an employee for a single instance of Facebook use.  

At best, her use of Facebook while on a sick day suggests that she wasn&#039;t entirely disabled by her condition.  One can reasonably ask for time off from work without being rendered insensible by one&#039;s condition.  If not, where do you draw the line?  If Facebook is off limits, is MSN/Yahoo/Gmail Chat?  How about text messaging?  The telephone?  Web browsing?  Commenting on a blog?</description>
		<content:encoded><![CDATA[<p>Mitch Kowalski:  it may be that she lied to her employer about being sick, but use of Facebook in her own home provides the employer with no proof that she lied about being at home convalescing.  </p>
<p>All we have to go on in this story is the fact that she was &#8220;spotted&#8221; on Facebook while on a sick day.  Despite Facebook&#8217;s public nature, this is *not* the same as being spotted at the golf course.  A person can use Facebook while sick in a way that a person can&#8217;t play golf while sick.  The only way the employer&#8217;s actions make sense is if they were the last in a series of established instances of dishonesty &#8211; but we have no information about that, so our discussion is about the the apparent firing of an employee for a single instance of Facebook use.  </p>
<p>At best, her use of Facebook while on a sick day suggests that she wasn&#8217;t entirely disabled by her condition.  One can reasonably ask for time off from work without being rendered insensible by one&#8217;s condition.  If not, where do you draw the line?  If Facebook is off limits, is MSN/Yahoo/Gmail Chat?  How about text messaging?  The telephone?  Web browsing?  Commenting on a blog?</p>
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		<title>By: Mitch Kowalski</title>
		<link>http://lawiscool.com/2009/04/24/facebook-and-expectations-of-privacy/comment-page-1/#comment-5348</link>
		<dc:creator>Mitch Kowalski</dc:creator>
		<pubDate>Sat, 25 Apr 2009 14:08:12 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=1569#comment-5348</guid>
		<description>I think you have all missed the point.

She was fired because she lied to her employer about being sick. Whether she was on facebook, or at the mall shopping, or at a bar drinking, or at on the golf course, she is still misleading her employer and making use of sick days for an improper purpose.

Facebook is a public space much like the mall, the golf course or the bar. What is amazing is that there are so many people who don&#039;t understand this.</description>
		<content:encoded><![CDATA[<p>I think you have all missed the point.</p>
<p>She was fired because she lied to her employer about being sick. Whether she was on facebook, or at the mall shopping, or at a bar drinking, or at on the golf course, she is still misleading her employer and making use of sick days for an improper purpose.</p>
<p>Facebook is a public space much like the mall, the golf course or the bar. What is amazing is that there are so many people who don&#8217;t understand this.</p>
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		<title>By: Marnie Tunay</title>
		<link>http://lawiscool.com/2009/04/24/facebook-and-expectations-of-privacy/comment-page-1/#comment-5346</link>
		<dc:creator>Marnie Tunay</dc:creator>
		<pubDate>Sat, 25 Apr 2009 04:33:04 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=1569#comment-5346</guid>
		<description>What&#039;s missing from this story is: why was someone from this woman&#039;s company tracking her Facebook profile?  I suspect that the person who was tracking her was probably someone at the company who had become suspicious of the woman&#039;s frequent? absences from work.  This is the only way the tracking and the firing make sense: that the individual who caught her was tracking her as part of the tracker&#039;s job description (like managment or security).  Otherwise, one would think that the question would have been raised: And what was the tracker doing looking at Facebook profiles during work hours??</description>
		<content:encoded><![CDATA[<p>What&#8217;s missing from this story is: why was someone from this woman&#8217;s company tracking her Facebook profile?  I suspect that the person who was tracking her was probably someone at the company who had become suspicious of the woman&#8217;s frequent? absences from work.  This is the only way the tracking and the firing make sense: that the individual who caught her was tracking her as part of the tracker&#8217;s job description (like managment or security).  Otherwise, one would think that the question would have been raised: And what was the tracker doing looking at Facebook profiles during work hours??</p>
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