Teacher's Aide Fired For Refusing To Hand Over Facebook Password
An anonymous reader writes "You can add this one to the short but growing list of employers demanding access to Facebook accounts. After refusing to give her Facebook password to her supervisors, Kimberly Hester was fired by Lewis Cass Intermediate School District from her job as an aide to Frank Squires Elementary in Cassopolis, Michigan. She is now fighting a legal battle with the school district."
Is it required to break a legal contract with one entity to maintain employment with another?
Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
Now the ACLU has a case they can use to clarify that it's illegal to do this under current legislation and put a stop to the nonsense.
It's too bad it'll take so long for it to churn through the courts.
Presuming the ACLU, EFF, et. al. don't decide to wait for a "better" case, that is.
I do not fail; I succeed at finding out what does not work.
..it doesn't seem to be just another april fools joke :/
Now we can have this out in court.
Up until now, I've only heard of harassing people applying for jobs. It is easy to demand anything from a job applicant: when they are not selected it was just because they "did not fit" or something. Firing an existing employee is a whole different thing. Now we can finally put a stop to this illegal activity. Or maybe we will learn that it is legal in the U.S. - you never know.
Another reason not to "friend" everyone you know. Seriously, if you want to keep personal and work separate, keep it separate! No one I work with is on my facebook.
I don't understand this obsession people have with gaining access to people's Facebook accounts. What is the origin of this craze? Why is it considered acceptable to require from people a Facebook password, but not, say, a Gmail account password?
Even more so, I don't understand this acquiescence to "authority" that many people seem to display; why in the world would you give somebody else your password like this?
This is not perfect, but one possibility might be to set up a dummy facebook account and give that to them, rather than your real one. However, it is clear, this should be illegal, people who run into this should contact a lawyer and file lawsuits, as well, Facebook has expressed interest in filing lawsuits against employers who do this, so, notify Facebook of this if an Employer, or anyone else, has requested your password.
Well, YES it IS April 1st, BUT serious shit has, ironically, been reported on that day too.
If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
She will be getting a few years of pay from illegal dismissal.
the school screwed up big time. Michigan is not a right to work state, so they cant fire you for any reason. and this school was retarded enough to publicize WHY she was fired so now it's a slam dunk in court.
If she get's a good lawyer, she will walk away with 10 years of her salary from the school.
Do not look at laser with remaining good eye.
that she is really glad she is in the USA where there is a 200 year old document based on 300 year old philosophies to protect her liberty.
I know I am.
No foolin'.
what about the IT rule of not giving out passwords? acquiescence to "authority" what about breaking IT / security rules?
Pretty much everything but food and shelter is not absolutely necessary. Slashdot is equally unnecessary, so why would you post here if you believe what you say?
~S
Powerful powerful reasoning there.
Please tell me more.
Kimberly Hester does not have clean hands. Posting an offensive picture of a co-worker with pants around ankles could be considered sexual harassment.
This is not harmless fun "A parent and Facebook friend of Hester’s saw the photo and complained to the school."
What teachers and employees do reflects upon the schools.
Teachers and school employees have a higher standard of care especially when posting comments about other employees.
Schools can and have been sued for failure to act in cases of sexual harassment. The school district had reasonable suspicion.
Although this is probably a good practice, it is irrelevant to the story. It shouldn't matter if she keeps her personal and work contacts separate. The heart of the matter is that this is 'her' Facebook page. It is private, and none of her employers business as to what she posts there. If a judge orders her to reveal her password, that's a different matter, but her employer has no legal grounds to order and expect obedience for such regardless of who she friends, what combination she friends them with, or what content she posts.
Without Facebook, I'd have to e-mail all my female friends indivisually and ASK them for photos of them making peace signs and duck faces.
Like it or not, FB is inarguably much more convenient for that sort of thing!
"Slow down, Cowboy! It has been 3 years, 7 months and 26 days since you last successfully posted a comment."
This will prove VERY interesting in states that have "At Will" employment. In those states, an employer can fire you or you can leave...for no specific reason.
However, this is an invasion of privacy and also is requiring the employee to violate another contract via coercion (penalty is the loss of their job if they don't).
Some may say that if they don't have anything to hide, what's the big deal? Big deal is that should not be a reason to give up your privacy. Period.
If someone tried to force me to give up my privacy, I would expect them to sign a document stating their reason for having done so and what the penalties are for non-compliance. Then, I would take that immediately to a lawyer for litigation. I will not work for anyone this draconian. Already turned down a job because they wanted me to disclose more of my IP without being willing to sign an NDA/Non-Compete for that information. This is none of their business. Period.
I am not sure which political party is pushing this sort of access greater - Democrat or Republican - you hear how the Democrats are pushing us towards martial law. Yet, the restrictions and powers of individuals really started eroding following 9/11 under Republican rule. I am guessing (perhaps, incorrectly), on this being a Republican issue. If they win this time around, expect more "corporate" rights (they already have been ruled "individuals" by the Supreme Court) and fewer personal freedoms and protections for yourself - the "individual" with the deeper pockets will win - just as they always have.
TFS gets it wrong and TFA never clarifies.
The administrator asked to view the Facebook account - no request was made for her password. Whether or not this is OK remains up for debate, but having the facts is always preferable...
The only thing more annoying than /. April Fool's articles is people complaining about them. Especially on real stories...
Since her employer is a governmental body, doesn't this violate her rights under the 4th amendment to be secure in her private papers, and the 5th amendment in that she can not be forced to incriminate herself by allowing them access to her account?
Yes and no. Mostly no.
Facebook want you to open your soul to their system - to make connections and fan out to every friend you have. Until there are 7 billion people putting all of their most intimate secrets on FB, they will have growth potential.
It's true they sell data, but primarily they sell advertising - "anonymous" advertising so that you don't feel like you're being watched. They really don't give a shit how you are and what you do, as long as it can be categorized and sold to people who want to sell their products to people like you. Note I did not say "you" but "people like you."
Personal identification is exactly what FB is worried about when it comes to advertisers, because it scares off the users (aka their product). That's good for users, too.
Is it just my observation, or are there way too many stupid people in the world?
Now I see even less reason :)
"The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
is there a paypal (sigh; yeah, I hate PP but its what is used, these days) for donations?
this is something we all need to get behind and ensure that the school gets a VERY bloody punch in the face (figuratively) from their bad behavior.
the only way a corp will ever learn is if they are punished and punished HARD. almost put-them-out-of-business hard. I don't care if its a school; a lesson (lol) needs to be taught here.
I'll donate. but I don't see an addr for that; is there one?
and yes, I realize the lawyers will make out the best on this; but I still want a lesson to be taught to asshole companies and organizations who think they have free reign over workers' privacy.
--
"It is now safe to switch off your computer."
If I am asked that question, I'd say the following:
While I am aware of your concerns with my personal conduct, giving my credentials would signify a breach of trust. If I were to do the same in the workplace, it would add liability and likely result in my termination. Is there another way that I can supply this kind of information, such as additional references to my personal character, while retaining the trust that I have built with people that I know personally and professionally?
This might be a bit long(and can be shortened a bit), but it would properly answer both the shoulder surfing and password requests in a courteous manner.
Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
And I, as a father, would reject any attempts by a teacher to develop a 'social' network of any kind that I did not say OK to, and I'm not going to (well, wouldn't have).
The reason is that schooling is not part and parcel to every moment of a child's life. Just as with work, there needs to be down time. It's not the teacher's job to be my kid's "pal".
Kids are greatly influenced by the ideas of their "pals". I wanted my kid school aged kid influenced by her peers, not an adult other than me and my friends. Then as now, adults just couldn't keep politics out of other people's faces.
There are two reasons to become a teacher
(1) You love to teach and work with youth. That's the good reason to become a teacher, because you'll be a good one as a result. I don't want anyone to take this as a slam, but you really don't have to be great in your field if you have drive and enthusiasm. Inspiration of students will cause them to lear so much more then having the smartest person in the world lecture monotonously every day. You'll get paid a good hourly rate with full benefits, but you'll work lots of uncompensated overtime. You'll get a nice break around Christmas and in the summer (or you could say you'll be forced to take leave without pay over Christmas and the summer). It will be like most white collar/professional jobs, except the pay is a little lower, the job security and benefits a little better, and you'll be off of work the same time the kids are. That last one can be good or bad, depending on your family situation.
(2) You want a short work day with good benefits and lots of time off to sit by the pool or go on vacation in the summer. These are the teachers for whom it's just a job. We all know some of them - they arrive 5 minutes before class, run you over if you're standing in the door as the buses pull away, try and put as many multiple choice or computer graded tests in the curriculum as possible, and rarely do projects. You will never see them at a PTA/PTO function. There is a large fraction of the workforce who is like this, and they give the teachers in part (1), above, a bad name.
Is it just my observation, or are there way too many stupid people in the world?
Did you look at the picture?? I'm thinking you have not. Watch this video to see the picture:
http://www.southbendtribune.com/news/wsbt-teachers-aide-in-legal-battle-after-refusing-to-let-school-district-access-her-facebook-page-20120328,0,6869936.story
It is a picture of shoes and a pair of pants with some skin from her calves showing - that's all. It is NOT a picture of her co-worker - it is a picture of herself. No one was exposing anything. I guess the inference is that she's sitting on the toilet.
So - let's change the scenario slightly. Let's say she lost some weight and she proudly posts a picture of herself, fully clothed, but the outfit is tight enough to show she is obviously much thinner. Is that offensive? Inappropriate? Exhibitionist? What if she posts (again fully clothed) before and after pics from a boob job?
But set all that aside - judges make calls every day on harassment & inappropriate behavior - and they can do the same thing here. The bigger issues are that the employer wants her to give up a personal password for an "investigation", and that not complying meant she was fired. So - if someone reports that she has a porn magazine at her home, does that mean the school will demand to enter her home? This whole thing stinks. The employer is a jackass. The "friend" who reported her is a jackass. Kimberly is a typical clueless facebook user that doesn't understand that you need to separate real friends from people who shouldn't know what you post to your real friends.
Television, movies, magazines and online media continually gets more and more raunchy - yet our workplaces become more and more rigid and unrealistic. Our society is doomed.
Facebook and privacy should not be used in the same sentence. Anybody who claims that their facebook posts are private and deserve protection may be Mark Z's best friend but they don't live in real-ville.
The Facebook Facebook terms of use, section 4.8) says
* (According to an earlier comment, that is not true, the administration asked only to view her pages.)
You are parsing that sentence incorrectly. "Lewis Cass ISD administration" is the name of the group requesting "access to you[r] Facebook page".
I have great faith in fools - self confidence my friends call it. - Edgar Allan Poe
I heard Spazmania belongs to an online sex cult.
You want my password? Ok, it is kind of long, here it is. Be sure to type it exactly!
"I,LewisCassRepresentativeDoHerebyConfessThatI amInfringingPrivacyRightsAndDoPromiseToPayFullDamagesForThis."
Let me know when you have typed that in!
Beuaraucratic greed meets Beuaraucratic fear.
I know XKCD is the standard comic-of-choice for Slashdot posts, but this Joy of Tech comic seems apropos:
http://www.geekculture.com/joyoftech/joyarchives/1669.html
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
Without any evidence aside from the word of the accuser that Edna (and I do call her Edna) belongs to the rape cult, he shouldn't take any action against her. Of course, if the rape cult is an actual religion, Skinner as a public school principal can't fire her for membership anyway; funny how that works.
In this case, it's not a rape cult. It's not even anything illegal. Not baring the entirety of her private life to investigators may not be co-operative, but it does not give them license to assume "the worst".
No, it isn't. There's a view of elementary school teachers as being totally strait-laced people who would never drink, curse, make off-color jokes, or (horror of horrors) fuck. The only people who should have ever believed that is their students (and then not for long after leaving elementary school); trying to force the teachers to actually live up to that view is unconscionable.
A) "The password didn't work. We're assuming you lied to us. You're fired."
B) "That sounds like a 'no'. You're fired."
C) See B.
D) See B.
E) See B.
The administration is not a computer program, a genie, or even a code of law. You can't work around them by obeying their literal words in a non-cooperative way; they'll just recognize that you're being non-cooperative and ignore the fact that you followed their literal words That's a very geekish way of thinking and it will utterly fail in the real world.
You can't fire an employee for refusing to help you break the law. 18 USC 1030 makes it illegal for he district to access Facebook's computers without Facebook's permission or in excess of the authorization Facebook has granted them. Facebook has not granted them permission to access her account information through their computers, and she cannot grant such access because the computers aren't hers.