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Does this Man deserve Monetary Compensation?
Posted: Fri May 04, 2012 3:34 pm
by Joe Guy
Best Buy Employee Wrongly 'Outed' Denver Man
ABC NewsBy Susanna Kim | ABC News
A heterosexual man in Denver claims that a Best Buy employee wrongly "outed" him on Facebook after he left his phone for repair.
Rich Dewberry said he brought in his mobile device to get fixed and was given a new phone. Shortly afterward, his Facebook status read, "I am gay, I'm coming out."
"The phone just started ringing constantly after that from [an] ex-spouse to friends," he told ABC's Denver affiliate, KMGH.
Dewberry said he was logged into his Facebook account on the phone he left with the store.
"I feel I have been humiliated. My reputation has been tarnished," he said.
"Just having to explain it to certain people that I haven't been in contact for a while," he said. "I feel I shouldn't have to do that."
Dewberry filed a complaint with the store, which told him the employee was fired, he said. Best Buy provided a statement to KMGH:
"Each year, every employee of Best Buy is asked to review and sign our Code of Ethics, which includes details on how they are expected to handle customer information."
Dewberry told KMGH he is exploring his legal options with an attorney.
The company did not return a request for comment.
Re: Does this Man deserve Monetary Compensation?
Posted: Fri May 04, 2012 6:41 pm
by Lord Jim
Well, after giving this a little thought, here's my take:
While there is certainly nothing wrong with being gay, there is definitely something wrong with somebody changing someone else's Facebook profile in ways that would embarrass or create problems for that specific person...
It would be just as wrong, if a guy were gay, and this asswipe at Best Buy, (who, whether there are any real finanacial damages awarded or not certainly should be shit canned, if he hasn't been already) had changed his profile from "gay" to "used to be gay but now I'm cured" or "I was pretending to be gay, but I'm really straight".....
Presumably, that could cause a lot of grief and embarrassment for that person....
Or if someone's profile was changed without their consent from "single" to "married with four kids"....
There's absolutely nothing intrinsically wrong with being married with four kids, but in this case, the guy's girlfriend might not see it that way.....
And so on....
However that having been said, I really question what if any monetary damages would be justified in this case (or the examples I mentioned, or others I can think of ) I just don't know how much "pain and suffering" something like this could cause, given the fact that it's easily correctable and easily explained.
I suppose if he had altered his profile to say something like, "my boss and the company I work for suck dicks and I can't wait till I can land a job with a competing company", and as a result the guy got fired....
Maybe there'd be more of a case....
Re: Does this Man deserve Monetary Compensation?
Posted: Fri May 04, 2012 6:43 pm
by MajGenl.Meade
No money for free but if he wants to earn half-a-crown......
Re: Does this Man deserve Monetary Compensation?
Posted: Fri May 04, 2012 9:54 pm
by dgs49
Scooter! Scooter! Where you at?
Is there a Constitutional Right to remain in the closet?
Is it slander to truthfully "out" someone?
My heart is all aflutter!
Re: Does this Man deserve Monetary Compensation?
Posted: Fri May 04, 2012 10:07 pm
by Crackpot
sounds like someone wants to be outed
Re: Does this Man deserve Monetary Compensation?
Posted: Fri May 04, 2012 10:36 pm
by BoSoxGal
He isn't gay, according to the article. It's an easily explained prank (to his friends - some BB dude hacked my FB) and I'm not sure where the harm is unless he's a homophobe or has a lot of Facebook friends who are.
Re: Does this Man deserve Monetary Compensation?
Posted: Fri May 04, 2012 10:49 pm
by Crackpot
Rumors can be hard to kill. For a time there was someone spreading rumors about me being gay I still hear about it now (though I didn't hear anything about it till 3 years after the fact) aside from possibly hurting my chances with the ladies (I'll never know) it didn't bother me said more about the idiot spreading the rumor.
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 12:55 am
by Sue U
His privacy was invaded and his identity appropriated to spread false information about him. These are clearly wrongs. However, the extent of the injury to his life and reputation seems pretty minimal, and not worth the candle in terms of legal action. Proper result: Best Buy should set him up with a nice 70-inch LED Smart 3D HDTV home theater and gaming system.
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 1:05 am
by Joe Guy
Sue U wrote:Proper result: Best Buy should set him up with a nice 70-inch LED Smart 3D HDTV home theater and gaming system.
That would be so gay!!!
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 1:37 am
by Scooter
No it wouldn't, attempting to incorporate a 70" TV into a decor would be a design disaster.
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 2:44 am
by dales
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 3:14 am
by BoSoxGal
Sue's right on: A television/gaming system setup like that would put to rest any questions about his sexuality.
Obviously the gear of a homophobic hetero with insecurities about his size.
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 6:44 am
by MajGenl.Meade
Scooter wrote:No it wouldn't, attempting to incorporate a 70" TV into a decor would be a design disaster.
Now that's funny!
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 7:31 am
by rubato
He's probably a little sensitive to begin with:
"dewberry", sounds a bit damp and fruity.
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 3:33 pm
by Andrew D
Sue U wrote:His privacy was invaded and his identity appropriated to spread false information about him. These are clearly wrongs. However, the extent of the injury to his life and reputation seems pretty minimal, and not worth the candle in terms of legal action. Proper result: Best Buy should set him up with a nice 70-inch LED Smart 3D HDTV home theater and gaming system.
The actual damages may be small (or maybe not, depending on his particular circumstances, and the brief article does not elucidate those). But the fact of harm entitles him at least to nominal damages, and, in general, nominal damages entitle a plaintiff to punitive damages, if the plaintiff can meet the (higher) standard for such damages. And he may well be able to meet them with respect to the employee -- if the relevant jurisdiction's law of agency permits damages against the employee distinct from damages against the employer -- but not with respect to the employer.
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 3:35 pm
by Andrew D
dgs49 wrote:Scooter! Scooter! Where you at?
Is there a Constitutional Right to remain in the closet?
Is it slander to truthfully "out" someone?
How did you manage to get lost within the first three words of the quoted article?
A heterosexual man ....
Maybe someone should "out" you?
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 5:38 pm
by Scooter
Please don't.
There isn't a gay man in the world who would want anyone to think that he was one of us.
Re: Does this Man deserve Monetary Compensation?
Posted: Sat May 05, 2012 7:17 pm
by Crackpot
you think us "straights" want him?