Where is private?

[Gob]

The pictures were exactly what you'd expect from a European summer vacation:





Cafes in Italy and Spain, the Guinness brewery in Ireland. So 24-year-old Ashley Payne, a public high school English teacher in Georgia, was not prepared for what happened when her principal asked to see her in August 2009.

"He just asked me, 'Do you have a Facebook page?'" Payne said. "And you know, I'm confused as to why I am being asked this, but I said, 'Yes.' And he said, 'Do you have any pictures of yourself up there with alcohol?'"

In fact, the picture that concerned the principal - showing Payne holding a glass of wine and a mug of beer - was on her Facebook page. There was also a reference to a local trivia contest with a profanity in its title.

Payne was told a parent of one of her students called to complain. And then, Payne says, she was given a choice: resign or be suspended.

"He told me that I needed to make a decision before I left, or he was going to go ahead and suspend me," she said.

She resigned. Attorney Richard Storrs is fighting to get Payne's job back.

"It would be like I went to a restaurant and I saw my daughter's teacher sitting there with her husband having a glass of some kind of liquid," Storr said. "You know, is that frowned upon by the school board? Is that illegal? Is that improper? Of course not. It's the same situation in this case."

But here's the really troubling part: Payne had used the privacy settings on Facebook. She thought that only her closest friends could see her vacation photos or her use of the "B" word.

"I wouldn't use it in a classroom, no," she said. "But Facebook is not the classroom. And it's not open to the students of my classroom. They are not supposed to see it. I have privacy in place so they don't see it."

Privacy?

http://www.cbsnews.com/stories/2011/02/ ... 3148.shtml

[loCAtek]

Facebook is evil; Exibit #212;


250,000 profiles of men and women whose photos and personal details were scraped off the social networking giant's site and used without their permission.

Duo scrapes 1M Facebook profiles to create mock 'dating' site
Caper apparently designed to highlight vulnerability of personal data on social sites

[oldr_n_wsr]

Seems to me a whole pile of idiocy.
I don't do "facebook" nor Twitter.

[dgs49]

Could it be that some details are left out?

There are parts of rural America and the American Southeast where "temperance" still carries a lot of weight, but this is difficult to accept at face value. Particularly since the teacher is something of a Babe. Was there some prior issue with her performance that had the Principle geared up to get rid of her?

Surely, any sane and rational High School Principle (assuming there is such a thing) would have told the complaining parent to get a life, or words to that effect.

Which is why I suppose this story made the international news.

Where is a Teacher's Union when you need one?

[dgs49]

Or is it "Principal"?

Yes, I think so. Sorry.

[Gob]

More information, and more to chew over..

Today, one of the fastest-growing businesses on the Internet is something called data mining: companies collecting our private information, packaging it, using it, selling it.

Michael Fertik, a Harvard Law School grad who runs a company called Reputation.com, came up with information I thought was private. I was wrong.

"I think this is your Social Security number," Fertik said. It was!

He also revealed what he called my "online reputation," based mainly on where I happen to live.

"Our query is pretty confident that you're a Democrat and pretty confident that you're a Catholic," Fertik said.

"But that may not be correct," said Moriarty.

"It may just not be correct," he explained.

And then there's something that could cause a real headache down the road …

"There's an Erin F. Moriarty who grew up just a few miles where you did, who has been convicted of serving alcohol to minors," Fertik said. "And it'd be very easy for a machine to confuse you and that person, and to think that you are a convicted criminal."

Even though the OTHER Erin is 20 years younger!

Fertik's company helps people track down and correct misinformation. But most of us will never even know it's there.

"The dossier on each of us that is easily aggregated digitally is now probably, let's call it ten pages," Fertik said. "Four years ago it was two pages. In four or five years, it's going to be 100 pages. Why? Because the amount of data that is being collected about each of us, proliferates. Your phone records, your rental records, those different databases that no one originally intended to be combined with one another are being combined now with blazing speed."

But David J. Moore, who runs 24/7 RealMedia, an Internet advertising firm, seems unfazed.

He points out that marketing information about potential customers is really nothing new.

"Magazine publishers for years have been selling the list of subscribers they have to the advertisers that want to send a mailing to them," he said.

And keep in mind: the more specific and detailed the information, the better companies can target their advertisements to customers who really want it.

"Let's ask the 500 million people that are on Facebook how concerned are they about their privacy," Moore said. "Or the 100 million that are on MySpace? Most of them really don't care."

Don't tell that to high school teacher Ashley Payne.

"Yes, I put it on the Internet, so you can make that argument," she said. "But it sort of feels like the same thing as if I had put the pictures in a shoebox in my house and someone came in and took them and showed one of them to the principal."

What's worse, after she resigned her job at Apalachee High School, Payne says she learned the original complaint came in an anonymous e-mail - not in a phone call from an angry parent.

"No parent has ever claimed it," Payne said. "There's never been any other complaints against me at this school from teachers, students or parents."

Officials at the Barrow County Schools, who declined to speak to "Sunday Morning," have so far refused to re-hire Payne.

In court documents, they say teachers were warned about "unacceptable online activities" by the district. Payne's page, they say, "promoted alcohol use" and "contained profanity."

She is now in graduate school and is suing the district. She says she wants to be sure that the Internet won't just record how Ashley Payne lost her job, but that she fought back.

"I want to clear my name, first of all," she said. "And I just want to be back in the classroom, if not that classroom, a classroom. I want to get back doing what I went to school for, my passion in life."

http://www.cbsnews.com/stories/2011/02/ ... ?tag=stack

[Sue U]

Payne's page, they say, "promoted alcohol use" and "contained profanity."

So an adult on vacation drinking a perfectly legal beverage under perfectly ordinary circumstances in photos intended exclusively for herself and selected friends and family now constitutes "promot[ing] alcohol use"? Are they going to follow her to restaurants to see if she orders wine in public? Are they going to come around to her house to see if she has beer in her fridge?

It's one thing to have a morals clause in an employment contract, but this is just ridiculous. However, because it's a government employer, there's a pretty good case for violation of First Amendment guarantees, apart from any more standard wrongful discharge claim -- which may be difficult to show unless there is a formal contract, and then depending on what it contains. Remember, at-will employees can be fired for good reason, bad reason or no reason at all, as long as it is not a prohibited reason.

[Sean]

If I were her I'd be asking myself if I'd pissed off any of my Facebook friends recently...

[Scooter]

There's a fuller version of the story here, albeit based pretty much solely on Payne's court filing. Apparently she did have a contract; she claims she was coerced into resigning because she was not informed that she was entitled to a hearing prior to being suspended, nor that she was entitled to written notice of the charges against her, nor that the maximum suspension she could have been subjected to was only 10 days. Allegedly she was told that she "could not win this", and that a suspension would jeopardize her chances for future employment, and that she had to make a decision one way or the other then and there. School officials claim that she was given several options and not encouraged to resign, nor told that a suspension would adversely affect future employment.

Suit was filed well over a year ago; haven't seen anything to suggest whether it has come up for trial yet.

[Long Run]

In a recently settled case applicable to unionized private sector employees, the trend appears to be to treat personal Facebook stuff in the same manner as any other private communication.

A company that fired a worker after she posted negative remarks about her boss on Facebook has settled a complaint brought by the National Labor Relations Board by agreeing to revamp its rules to ensure they don't restrict workers' rights, the NLRB said.

A separate, private settlement was reached between the employer—ambulance service American Medical Response of Connecticut Inc.—and the employee, though terms of that agreement weren't available. The worker, Dawnmarie Souza, was a member of the Teamsters union and the Teamsters represented her before the NLRB.

The case had become a test of how much latitude employees may have when posting comments about work matters from their home computers on social media sites such as Facebook.

When the NLRB issued its complaint about the firing last fall, it alleged the firing was illegal because the online posting constituted "protected concerted activity" under the National Labor Relations Act.

That law allows employees to discuss the terms and conditions of their employment with co-workers and others, and the employee involved in the case had posted comments about her supervisor and responded to further comments from her co-workers, the NLRB said.

The NLRB had also alleged the company maintained and enforced overly broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees.

At the time the complaint was announced, American Medical Response of Connecticut denied the allegations and said the employee in question was discharged "based on multiple, serious complaints about her behavior." The employee was also being held accountable for negative personal attacks that she posted on Facebook about a co-worker, the company said at the time, and added that it believes those statements weren't concerted activity protected under federal law.

A spokeswoman for American Medical Response of Connecticut didn't immediately respond Monday to a request for comment. A Facebook spokesman declined to comment. Ms. Souza couldn't be reached for comment.

Under the terms of the settlement approved by the NLRB's Hartford, Conn., Regional Director Jonathan Kreisberg, the company agreed to revise its rules. The company agreed not to discipline or discharge employees for engaging in discussions about wages and other work issues when not on the job, the NLRB said.

http://online.wsj.com/article/SB2000142 ... 79412.html

[oldr_n_wsr]

Regarding employment I have learned three things:
1) Never bite the hand that feeds you
2) don't burn bridges
3) treat the "underlings" as you would like to be treated, you never know when you may have to interview with them for a job (especially now that I am getting older, seems everyone is an underling).

While I may have bitched and moaned about my former job being, well just a sucky job, I never named names and only one or two people know my real name over hte internet and I trust them to keep it. And even if they didn't, multiple google searches has not yielded anything about me personally. there are plenty of "oldr-n_wsr's" out there, but nothing about me peersonally, others yes.

On this case, I feel it is totally ridiculous. Would it be different if she were in her backyard having a beer? What, no one can drink a legal beverage anymore? Maybe not posting it on pie in yourfacebook, but come on. What if she were having a beer at a block party and the local rag showed up and took her picture. Would that be taboo?

[Gob]

It would appear so.

[rubato]

'

There is an inverse relationship between use of facebook and intelligence.

But really, in what cesspit nasty part of the south can you be fired for drinking beer on your vacation?

"..a public high school English teacher in Georgia .. "

Oh, that part.

yrs,
rubato