Fired for Photo on FaceBook because I was holding 2 pistols

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BimotaBiker
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Fired for Photo on FaceBook because I was holding 2 pistols

Post by BimotaBiker »

I lost a part-time job that I was hoping would become full-time because of a photo on FaceBook that depicted me holding two pistols. As a member of the NRA, my first thought was to contact them. They gave me the names of two attorneys in my area and wished me well. Gun Owner's of America did the exact same thing. Every attorney I have contacted wants thousands of dollars up front. Now that I am laid off, thats not in the cards. I am having a difficult time with this as I am doing nothing illegal, immoral and it's my constitutional right! Can anyone recommend a group that might help me prevail in this fight for gun owners' rights?
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Libertarian_Geek
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by Libertarian_Geek »

http://en.wikipedia.org/wiki/At-will_employment

This isn't legal advice: Are you in an at will employment state?
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by Greg Kulbick »

Did they tell you it was because of that photo, or did you assume that's why? If they did say that was the reason, is it in writing?
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BimotaBiker
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by BimotaBiker »

I was told that it was because of the photo. Also, 37 US states have an implied-contract exception, thus 13 do not. I am in Ohio which, from what I have read, is not an at will employment state?
Last edited by BimotaBiker on Tue Oct 18, 2011 1:55 pm, edited 2 times in total.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by BimotaBiker »

Yes....It is in writing and well documented.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by ronin111 »

BimotaBiker wrote:I was told that it was because of the photo. Also, 37 US states have an implied-contract exception, thus 13 do not. I am in Ohio which, from what I have read, is not an at will employment state?
Ohio is an at will state. Implied contract exception is just that, an implied contract of employment. The burden is on you to prove an implied contract. I would take a guess that the company was fully in their rights to fire you. What type of business was it?
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igpoobah
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by igpoobah »

Two things I don't do on facebook:

1 - Post anything gun related outside of the usual support and political groups.
2 - Accept friend requests from co-workers or anyone that has affiliation with my employer.

If you too would have followed these simple rules you wouldn't be asking this question right now.

That's right...I'm not 'friends' with anyone I work with, and only my friends can see anything about me. Yes, I'm an asshole, but I'm an asshole with a job. People can respect your political viewpoints, but pictures of people holding guns freak people out, especially if they don't know you real well (picture Seung-Hui Cho - you know the picture I'm talking about.)

However; if you want to play, you have to pay...the attorney. You didn't just expect people to work for you for free...did you?

Yeah, you got screwed...but you opened yourself up for it and now you want someone to fix it at no charge. Sorry dude, get another job and learn from your experience.
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renegade
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by renegade »

Delete your FB account, get a new job and consider it a life lesson.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by Libertarian_Geek »

Unless you both agreed to a contract then: They have a right to fire you for any reason, just like you have the right to quit for any reason.

Are they making bad decisions based on flawed logic? Probably, but they have that right just the same as you.

It's job hunting time, not forum complaining time. Find a new job, then complain.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by imyomama »

move to Texas!! I go shooting at lunch with my CIO . that suck for you though, I'm sorry to hear that !
-------------------------------------------------------
"Are you gonna pull those pistols or whistle Dixie?" --- Clint Eastwood --- The Outlaw Josey Wales
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by 700PSS »

I know this sucks. Guess they don't want to make anybody like you mad...Oops...they just did. Prove by your law-abiding behavior that they were wrong about you.

If you are a member of a state gun rights organization in Ohio, contact them for advice. Other than that, you may find an attorney who will take your case on a contingency basis, although not as likely in this situation. Try to find the most cost effective attorney, if you can. Otherwise, focus on getting back on your feet and pursue this later.

Learn to live by "Don't ask. Don't tell." when it comes to guns and keep your private life private. Don't mix your private life with your professional life, unless they are one in the same (i.e. gun industry career).
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by Libertarian_Geek »

(BTW... if it's a national business, let us know who they are so that us gun enthusiasts can avoid them.)
Scratch that...edited...

It appears from your posts on Sniper's Hide that your job was as a school teacher. That may change things a bit, since it's a government job (unless of course, it's a private school). Who knows... probably a lawyer, that's who I'd ask. But I would stop posting so much info on the internet since it's not going to help your situation any.


Just remember this rule of lawsuits: "A lawsuit is like a punch to the face, you don't tell the person that you're about to punch them in the face before you do it."
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continuity
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by continuity »

Two things I do on facebook.

1. I don't have a facebook account to post stuff about myself.

2. I don't have a facebook account to post stuff about myself.

Wanna guess what number 3 is?
What amount of a man is composed of his own collection of experiences... and the conclusions that those experiences have allowed him to "know" for certain as "Truth"? :Ick
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by 700PSS »

They fired a teacher in this area for posting pics of herself holding an alcoholic beverage while on vacation. The firing was just upheld in court.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by Hush »

Consider this a life lesson and move on.

If you are a teacher see your union rep.
Demand stringent background and mental health checks on your politicians.
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40G27
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by 40G27 »

What's Facebook?
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by zevdogs »

Get a job with silencerco
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by silencertalk »

Remember - John Kerry went out of his way to be photographed with a gun to look like a sportsman. I don't think you with a gun was inherently the problem - it was probably the nature of the photo, combined with them not needing you real bad.

Can we see the photo?

Then I will decide if they were jerks or not, depending on how normal it is.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by LeftEyeMike »

Best of luck.......
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by rockman96 »

silencertalk wrote:Remember - John Kerry went out of his way to be photographed with a gun to look like a sportsman. I don't think you with a gun was inherently the problem - it was probably the nature of the photo, combined with them not needing you real bad.

Can we see the photo?

Then I will decide if they were jerks or not, depending on how normal it is.
That's exactly what I was thinking.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by mcinfantry »

silencertalk wrote:Remember - John Kerry went out of his way to be photographed with a gun to look like a sportsman. I don't think you with a gun was inherently the problem - it was probably the nature of the photo, combined with them not needing you real bad.

Can we see the photo?

Then I will decide if they were jerks or not, depending on how normal it is.
Me too.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by BimotaBiker »

What happened to me is a little more complicated than you know….A political subdivision of the state of Ohio decided to use its assessment power to tax every parcel of land it could (one fifth the entire state). This organization is as corrupt as any organization could be. I fought their assessment pro se to Ohio’s Supreme Court. I was also appointed to a work group by the Senate President of Ohio because of my knowledge of the organization and its corruption. In the process, my colleagues and I were able to keep them from collecting their tax for two years costing them over $20 million and giving them one heck of a black eye. Their safety officer was elected to the school board where I was working. I was able to get a copy of his email via public records request in which he recommended my termination. And you pretty much know what happened after that.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by Libertarian_Geek »

BimotaBiker wrote:What happened to me is a little more complicated than you know….A political subdivision of the state of Ohio decided to use its assessment power to tax every parcel of land it could (one fifth the entire state). This organization is as corrupt as any organization could be. I fought their assessment pro se to Ohio’s Supreme Court. I was also appointed to a work group by the Senate President of Ohio because of my knowledge of the organization and its corruption. In the process, my colleagues and I were able to keep them from collecting their tax for two years costing them over $20 million and giving them one heck of a black eye. Their safety officer was elected to the school board where I was working. I was able to get a copy of his email via public records request in which he recommended my termination. And you pretty much know what happened after that.
If that's true, then maybe the better angle to attack is the political retaliation one. Point being; maybe you should be spending more time looking for a lawyer and networking with your political contacts and less time posting your tales of woe on the internet. Your posts have more of a chance to hurt your case than to help.

Best of luck to you.
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by Abiqua »

Libertarian_Geek wrote:If that's true, then maybe the better angle to attack is the political retaliation one. Point being; maybe you should be spending more time looking for a lawyer and networking with your political contacts and less time posting your tales of woe on the internet. Your posts have more of a chance to hurt your case than to help.

Best of luck to you.
This. Delete your posts here, lawyer up, get the union involved, do everything you can. You're gonna have to make a lot of waves and it'll be expensive.

Or delete your pictures and move on.
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continuity
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Re: Fired for Photo on FaceBook because I was holding 2 pist

Post by continuity »

BimotaBiker wrote:I lost a part-time job that I was hoping would become full-time because of a photo on FaceBook ...

BimotaBiker wrote:What happened to me is a little more complicated than you know….A political subdivision of the state of Ohio decided to use its assessment power to tax every parcel of land it could (one fifth the entire state). This organization is as corrupt as any organization could be. I fought their assessment pro se to Ohio’s Supreme Court. I was also appointed to a work group by the Senate President of Ohio because of my knowledge of the organization and its corruption. In the process, my colleagues and I were able to keep them from collecting their tax for two years costing them over $20 million and giving them one heck of a black eye. Their safety officer was elected to the school board where I was working. I was able to get a copy of his email via public records request in which he recommended my termination. And you pretty much know what happened after that.


So... your initial post wasn't true. You knew it wasn't true. And you were looking for sympathy/attention, putting yourself out there as a poor me, I've been wronged, martyr.

What happened is, you played the game with the big boys, got ure ass whipped and now you're whining.

Pfffffffft..... SMACK!!!!!!!! Get away. :?
What amount of a man is composed of his own collection of experiences... and the conclusions that those experiences have allowed him to "know" for certain as "Truth"? :Ick
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