Tech Dirt – Sept. 18, 2009:

A group of five prison guards in Australia wanted to bitch about their boss… and did so in a private group on Facebook. Yet, somehow, their superiors found out about it and accused them of misconduct and threatened to have the guards fired. In response, the guards are suing, and saying they should have a right to speak their mind on a private message board like that. As a union official notes: “It’s more like people getting together in a pub and having a beer and bagging the boss because the boss wants to privatize their jobs.” Indeed. Though, it seems like these sorts of things are becoming more common. As the entire work/life dividing line continues to blur, expect many more such situations, where things that were previously considered safely on the “life” side of the line, suddenly find themselves thrust into the “work” side.

Should you have the right to privately criticize your boss?

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  1. Number 6 says:

    It’s important to note that when it is a government doing the employing, as it is in this case, they need to respect the rights of the citizen who also happens to be an employee.

  2. chris says:

    If you talk trash about your boss, in any venue, and the boss finds out your job is likely in danger. Generally they are smart enough to find another reason. Since this boss admitted it then the guards do have a case.

    I am still astonished that there are people who consider facebook, myspace and ilk to be in any way private. The point of these sites is collection and dissemination of personal information. Duh!

  3. Thinker says:

    #4 Ding, ding, ding, ding! ! ! ! !

    and remember folks, there is not anonimity on the internet. Keep in it the pub if you must.

  4. Named says:

    6 AlfredETerrorist

    “After using these criteria to narrow your layoff candidate list down I would urge you to consider laying off the avid Obama supporters.”

    http://sandrarose.com/2009/01/20/employer-plans-to-lay-off-obama-supporters/

    Of course, in your twisted logic, you’ll say that’s a good thing.

  5. sargasso says:

    They can be sued for libel, breach of confidentiality agreement and conspiracy. If they are charged and post online about it, that’s a conspiracy to subvert the course of justice charge, and contempt of court. If they are Australian federal government employees, they can face a security charge for posting intelligence on a foreign owned network, and the unwelcome attention of the ASIO. They’re screwed.

  6. jph says:

    Of course the employees have a right to criticize what ever they want. But just because it’s a right does not mean there’s no repercussions. You have a right to yell “Fire” in a crowded theater, and the theater has the right to ban you afterwards. The employer was dumb not to come up with another reason, but had every right to fire them.

  7. Breetai says:

    It’s only allowed if they don’t get caught. the 1st amendment only applies to government, anything else is Bull$#!%.

  8. Mr Diesel says:

    #12 for the win

  9. bobbo, liberal, conservative and pragmatic says:

    Should you have the “right” to bad talk your boss?===of course.

    Should your boss have the “right” to retaliate by using the companies rules and regs?===of course.

    I certainly hope “employees” are not a class like 95% of DU posters who think only they have rights and no one else does? That would be silly, don’t ya think?

    Criticizing Bosses is just like Praying. You can do it in private all you want to. If the Bosses find out, then you weren’t so private and that alone should be pertinent grounds to fire you on, stupid being a general characteristic.

  10. Rabble Rouser says:

    Give me a freakin’ break already!
    A private group on Facebook! Don’t make me laugh! What did he do, friend his freakin’ boss, and have him join the group? Then it’s not that private any more, huh?

    People who think that they have ANY privacy on the ‘Net are really quite naive, because they don’t.

    BTW — I think it’s okay to criticize your boss in private… As long as you criticize him/her to his/her face! I have been following this rule for my entire working life of about 40 years, and NEVER got fired for it yet. Come to think of it, I never got fired!

  11. bobbo, the devout evangelical anti-theist says:

    #15–Rabble==”Boss, I don’t mean to step over a line here or anything, but you really are putting in too many hours. You need to lighten up and spend more time with the family, take a vacation. I’m not criticizing, just looking out for the bestest boss I have ever had.”

    Go about like that?

    I don’t think “Rabble Rouser” means what you think it means.

  12. Mr. Fusion says:

    #14, bobbo,

    Should your boss have the “right” to retaliate by using the companies rules and regs?===of course.

    An employer doesn’t need a reason to fire you. It could be because he doesn’t like the length of your hair, the color of your shirt or that his daughter told him what you did on your date. Or it could be he wants to hire his neighbor’s kid and you’re “it”.

    Some jurisdictions require the employer give two weeks pay instead of notice. Most American jurisdictions don’t require any notice.

    Unionized and government employees generally have some rules about firing someone in order to keep the process transparent.

  13. bobbo, taking the bait off a rusty hook says:

    #17–Fusion==you were gone for a while. Hope/assume all is well.

    I am thinking that most “large” corps, including the government, do have rules they have to fudge in order to fire people. Like first offense counseling, that sort of thing.

    Most small employers do use “at will” employment and can fire for any legal reason which bad mouthing is==legal to fire for that is.

    We should all be so lucky to have bosses like Rabble, or, employees like Rabble. I have owned 2 businesses. No employee told me I was wrong. They all knew if they said that my response would be: “Why?”

    Surprising how often that stumps people, or they don’t want to say. I only fired two people in my life. One for repeated unnoticed absences, and the other for theft. Talk to most of them only a notch or two below how I talk here. An open atmosphere I like to think, but who knows, could have been as oppressive as hell.

  14. Mr. Fusion says:

    #18, Bobbo, the big boss

    No employee told me I was wrong. They all knew if they said that my response would be: “Why?”

    That is something I encouraged first as a supervisor and later as a manager. If someone can see an issue I am blind to, I expect them to point it out. Often a challenge makes for a thoughtful introspection of the issue until an even better solution is arrived at.

    The advantage is the underling gets to one up the boss and the company gains in the end. Great for moral and productivity all around when employees are made to feel part of the process.

    I’m fine. Just some connection problems with an ISP I’m locked into for another 19 months, two weeks, and 8 hours. I can only connect to portions of the internet so I’m using a proxy to see the rest of the world.

  15. DA says:

    Not only do you have the right to privately criticize your boss, You can also do it publicly if you want.

    Although I can’t guarantee that you’ll keep your job. Depending on circumstances.

  16. deowll says:

    You put something on line; you might as well have sent it to your boss in an email.

    You need to be very careful what you say to anybody because a lot of people will share what you said with others.


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