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Posted On 06.24.09

Every day, peoples lives are drastically changing because of their online brand. Some of these changes are heart warming success stories - others, not so much. Tatsuya Nakagawa, CEO of Atomica Creative Group, was right on when he said,  “Donald Trump may have gone out and trademarked the term ‘You’re Fired’, but he is going to have a hard time competing with Facebook.”

Here’s the story of one women who lost her job after 8 years because of an “inappropriate photo” (see below) she posted on her personal blog. The photo really isn’t all that scandalous, in fact, I would say around 70% of Facebook profile photos would easily beat her out on the scandalous scale. The photo was, however, enough to get her fired, and stories like this are becoming more and more plentiful. So watch your online presence closely, because if you don’t, your employer (or potential employer) sure will.

Here is Ellen Simonetti’s story:

“My name is Ellen Simonetti, but I am better known to Web surfers as the Queen of Sky.

I had been a flight attendant for Delta Air Lines for almost eight years when I started my blog, or online diary, in January of this year. I entitled it “Diary of a Flight Attendant.”

On Saturday, Sept. 25, I came home to flashing messages on my answering machine.

‘Ellen, I need you to call me back. It’s about your trip tomorrow,’ repeated the urgent-sounding voice on the tape.

The voice was that of a Delta Air Lines in-flight supervisor. I immediately dialed the number on the messages, thinking perhaps my Rome flight the next day had been canceled. What the supervisor told me, however, left me shocked and sick to my stomach. The reason I started my blog in the first place was as a form of therapy.

‘You won’t be able to fly your trip tomorrow…it’s about some pictures on the Web.’”

Is Booting an Employee Based on Their Personal Life Illegal?

Many people throw their hands up in he air in desperation, crying, “isn’t snooping social profiles a restriction of free speech, isn’t it discrimination to not hire someone based on what you find about their personal life?” The bad news is that in many cases, there is no legal means of redress if you’ve been fired because of online content. Whether it be blogging, Facebook, or Twitter: it’s essentially fair game for employers because it’s so hard to bring a case against them.

The Electronic Frontier Foundation states on its post How to Blog Safely that,  “while your right to free speech is protected by the First Amendment, this protection does not shield you from the consequences of what you say. The First Amendment protects speech from being censored by the government; it does not regulate what private parties (such as most employers) do. In states with ‘at will’ employment laws like California, employers can fire you at any time, for any reason. And no state has laws that specifically protect bloggers from discrimination, on the job or otherwise.”

In fact, some employers are even FORCING employees to hand over their digital dirt. For instance, if you want to work for the city of Bozeman in Montana, you better be ready to provide log-in information and passwords for social networks you’re on.

The application form states, “Please list any and all, current personal or business websites, web pages or memberships on any Internet-based chat rooms, social clubs or forums, to include, but not limited to: Facebook, Google, Yahoo, YouTube.com, MySpace, etc.”

That’s some pretty controversial, scary stuff. Welcome to the new age of the web. The good news is, people who recognize this shift can utilize the internet to get hired and market themselves.

Stay tuned for our next post later this week highlighting some people on the other side of spectrum who have actually been sought out by employers because of their personal brand online.

Share and Enjoy:

Comments

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June 24, 2009 8:10 am

And what if you don't hand the information over? Will they go out and hire a PI to see if you do indeed have profiles and then not hire you because of it? Seems like an ACLU lawsuit waiting to happen.

As far about getting fired (or reprimanded) for what you write on your blog - I've seen it with a number of people. A good book on a similar subject is "Speechless: the erosion of free expression in the american workplace" by Bruce Barry.

June 24, 2009 8:55 am

I'm fascinated by stories like this, because there is always more information than meets the eye. There are a few pieces of information not in the post.

First, the post above does not mention that this took place 5 years ago. That is significant because companies and bloggers were still figuring out what the rules should be about this blogging thing. These days’ companies have policies about blogging, and employees are more aware of the rules.

Second, the posted photo is not the most risqué one. Google "Ellen Simonetti" and you will find a picture of her with her with her uniform blouse partially unbuttoned and her bra showing. Not particularly scandalous, but given that she was in her Delta Airlines uniform and on a Delta airlines plane, I would say it showed poor judgment.

In her favor, I agree that the company didn't have a policy about blogging, and could have simply disciplined her without firing her.

I encourage everyone to read up on the story before expressing an opinion. Check out wikipedia to start.

June 24, 2009 8:57 am

Oh, and the city of Bozeman has backed down on it's requirements to hand over userid's and passwords to social networking sites, for job applicants: http://www.google.com/hostednews/ap/article/ALeqM5j8jn3O0JgrEGN8znw-q2Y5...

June 24, 2009 9:17 am

Isn't this story five years old? And isn't it also a good object lesson in determining what, exactly, your online brand says about you?

I think one plausible--and valuable--way to read Ellen Simonetti's story is this: someone made choices about how to present themselves and their workplace online, and they were pretty dumb choices that were easy to avoid. Those choices had consequences. All choices do.

June 24, 2009 9:19 am

The story may be a bit dated, but the message is still the same: You need to be careful what you publish online. Now, more than ever, people are looking.

Scott, you are right, she exercised "poor judgment", but like many young people, probably never realized her reputation was in jeopardy. The lesson: Always assume people will search for and find everything you post.

Barbara Saunders
June 24, 2009 9:29 am

Another issue here is that this person encroached upon her employer's brand, in my opinion. This wasn't just a matter of her personal life.

June 24, 2009 9:38 am

Barbara: Excellent point! That is a good way to frame the discussion; if people are seeking legitimacy for their online activities by calling it their 'brand' then they need to make sure their brand does not encroach on other brands.

June 24, 2009 9:59 am

The point would be stronger if the post had identified this as an old incident. I agree with Scott's point that when this happened, companies were just starting to form policies about online communication, including blogs. But it's also true that the issue persists, which is why the current presentation, which implies that Simonetti's firing is recent, doesn't make quite the case that it might.

I also agree with Barbara; I alluded to that point in my comment about the workplace, but she made it much more clearly.

June 24, 2009 10:37 am

In the case of Delta and this particular story, this goes to show that paying attention to your company's policy and desires is really important. I would imagine Delta has an image they really want to uphold and even something as basic as a slightly flirtatious picture, could hurt their image. It's a corporate way of looking at things, but I think it's a provincial mindset.

I work at a company where we're all encouraged to blog. Speaking our mind and developing our online digital brand doesn't necessarily reflect the views of our company. I include a disclaimer on my blog and have the right of content/privacy because I'm writing it.

This is an interesting topic. It seems with the Internet there are no rules and honestly, companies should set out their own set of regulations if it's going to be a big deal what you blog or write about.

June 24, 2009 10:41 am

Ok, here goes...I think the Electronic Frontier Foundation makes a very valid point. *ducks head*

You are most definitely free to say whatever you want (people always claim their First Right Amendment, which was really written so that the GOVERNMENT would never censor what people said) a luxury we are VERY fortunate to have even in today's world (hello China and Iran, how are you?) That being said, this is only for the government. It does not include private parties (such as your employer, though I would be curious how that works for government employees...) ESPECIALLY as Barbara and Kate pointed out.

If you are going to blog about ANYTHING to do with your employment, you better be prepared for any reprocussions that may come down as a result of it. I think we have gone so far in the "Well, that's a stupid rule/law/decision" that we suddenly get all fired up when someone is disclipined (or fired in this case) for not thinking about the consequences of their actions.

June 24, 2009 11:11 am

I like the encroaching upon the employer's brand argument, that about sums it up. You should expect to be reprimanded/fired for posting something risque or controversial with ties to your employer.

I would have fired the supervisor for making an antiquated HR judgment call, and for failing to consult with the marketing team as to whether the images could result in better image results SEO.

Given current industry conditions and our nation's economic instability, any airline could certainly use a 'leg up' on the competition.

June 24, 2009 11:14 am

Another case from that same year? Washingtonienne. I think that can't have helped Simonetti.

June 24, 2009 11:27 am

To help Pete out, here's a recent story. Carmen Kontur-Gronquist mayor of a small town in Arlington, OR was recalled for posting pictures of her in her lingerie on a fire truck. Here's the link:
http://www.katu.com/news/local/15979777.html

So replace Ellen with Carmen.

My biggest issue is the way we use the word "brand". This really isn't a brand issue but a doing dumb things/lapse in judgement issue. If you use your blog to post racy pictures of yourself and ask people to vote hot or not than you have "branded" yourself as skanky. If you blog about sensitive dog training and than post a compromising picture of you and a German Shepherd your "brand" is still that you are a sensitive dog trainer but you are now a sensitive dog trainer who did something dumb.

Or just go back to calling "brand" your "reputation".

June 24, 2009 11:48 am

@Dead Hedge, no! "Brand" is trendy, and "reputation" is stodgy. How could you possibly suggest that they are synonymous? Oh, now I'm just sad. And stodgy.

June 24, 2009 12:08 pm

Managing one's online reputation is critical to finding success in the digital age. I've written about similar issues a number of times at my company's blog.

http://www.reputationdefenderblog.com/2009/04/30/new-report-same-story-c...

http://www.reputationdefenderblog.com/2009/02/11/kaplan-survey-shows-dan...

It is important to note (as some commenters already have) that this story is practically ancient by Internet standards. As companies become better acquainted with social media technologies, greater flexibility is being offered to employees. That being said, it is important for individuals to be proactive in managing their image online and to use common sense when posting content.

FYI - The city of Bozeman, Montana disbanded their social media policy in the face of near universal criticism. They posted an apology about it yesterday 6/23/09.

Evan
June 24, 2009 12:48 pm

Others have already said it, but I'll share my thoughts too. The woman took those photos while wearing her work uniform, in the place where she works. She was likely at work, being paid by her employer for her time when she took those photos. I think that alone would give Delta justification for some form of disciplinary action against her. And of course, she is also actively damaging Delta's brand by sharing those photos on the web. I don't think it's "bad news" that she "has no legal means of redress" against Delta.

This has absolutely nothing to do with freedom of speech, or an employer firing an employee for choices the employee made in her personal life. But I suppose there is a (trivial) personal branding lesson here, at least to the extent that people engage in personal branding in an effort to alter an employer's opinion of them. She branded herself as a poor employee, and her employer responded. Personal branding works!

June 24, 2009 6:02 pm

@Katenonymous. OK, I've got such a cool non-stody response. I'm writing it down and am going to mail it you. Now where are my stamps? Oh no, I only have 41 cent stamps.

Oops, I just think that I killed my on-line braputation.

Tyler
July 1, 2009 10:13 am

This has nothing to do with personal brand, nor is it the whole story.

Pete Kistler, this was a poor attempt to use trendy buzzwords to get read.

Personal brand my ass, the girl took revealing photos while wearing company clothes, in a company plane, probably on company business. THAT'S why she got fired.

July 1, 2009 11:58 am

Hi Tyler,

You mentioned that "the girl took revealing photos while wearing company clothes, in a company plane, probably on company business. THAT'S why she got fired."

I have no arguments there!

You also said, "This has nothing to do with personal brand."

I disagree. Consider business branding. Customers experience a company's brand in different ways. For example, with an iPod, I see an iPod commercial, I watch a friend use her iPod at the gym, I view a YouTube video of an iPod getting puréed in a blender, etc.

Each time, I experience Apple's brand in a different way.

Back to personal branding. By posting those images on the web, Ellen's photos became touchpoints of her personal brand online. I saw them, I reacted emotionally to the brand called Ellen Simonetti, and my brand perception of her changed.

So, I disagree with your comment, "Personal brand my ass."

Ellen's photos convinced Delta Air Lines that her personal brand did not align with their corporate brand. Because of this, she was fired.

- Pete Kistler

Anonymous
July 1, 2009 12:53 pm

The pictures were NOT revealing at all. You saw about 2 square inches of her bra and hardly any cleavage. If that's revealing, I'd hate to see what you'd call conservative.

July 2, 2009 1:47 pm

I learned my lesson the hard way when I got passed over on a job because I tweeted about "snagging the interview" before I went on the interview. I didn't find out until on the interview that the person I was replacing was still there and not yet fired. I was considered a top candidate until the day before they were to make their final decision they got wind of my tweet from the person who was being fired. Apparently, he came across it somehow. For now on, I keep my Twitter account protected and I will be more confidential about my job search.

Anonymous
July 3, 2009 1:00 pm

How far can private employers (PE) go in restricting employee's off-work activities on-line or otherwise? Should a PE be allowed to limit any activity it wishes without regard to its relevance to the company or job? For instance should a construction company be allowed to force its employees to sign an agreement forbiding the critisim of a competitor's supplier by the employee on any forum, blog, chat room, etc. during off-work time, even where there is no mention of the PE or the employee's connection with the PE?

That is exactly what at least one major employer in California is doing right now.

It is one thing to fire an employee for publicly critising his/her employer. It is an entirely different thing to suppress any critisism of an entire population of companies (and companies which supply those companies) which compete with the employer.

It seems to me that this sort of action has as great an impact on everyone's freedom of speech as any government action. Yes, you are free to look for another job if you don't like your employer's policies. However, with a job market like today's, losing one's job is an extreme hardship. The threat of being fired, especially now, creates a "chilling effect" every bit as effective as almost anything the government might do.

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