Does this Man deserve Monetary Compensation?

[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.

[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....

[MajGenl.Meade]

No money for free but if he wants to earn half-a-crown......

[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!

[Crackpot]

sounds like someone wants to be outed

[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.

[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.

[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.

[Joe Guy]

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!!!

[Scooter]

No it wouldn't, attempting to incorporate a 70" TV into a decor would be a design disaster.

[dales]

[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.

[MajGenl.Meade]

No it wouldn't, attempting to incorporate a 70" TV into a decor would be a design disaster.

Now that's funny!

[rubato]

He's probably a little sensitive to begin with:
"dewberry", sounds a bit damp and fruity.

[Andrew D]

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.

[Andrew D]

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?

[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.

[Crackpot]

you think us "straights" want him?