myspace

My minor child (17) was just suspended from work. They say she is under investigation for some comments she made on myspace.

I have read all the comments, and nothing negative was said about the company, but her and some other employees did complain about their manager to each other.

Apprantley, someone mentioned to the manager that some empolyees were saying things about him on myspace, and he went in and investigated all the comments made by all the empolyees. Only one other empolyee was suspended, but 2 others were not.

My questions is, with my child being a minor, can he legally go in and look up the comments on myspace and use this information against her?

Always remember to tell us your State name. Laws vary from State to State. However, in this instance, and since 49 of the 50 States are "At Will" employment States, it's more than likely you live in one of the 49 At Will States; so, I will address your question and concerns from that perspective.

In response to your question, MySpace is a public and open forum for view by anyone. The manager has every right, therefore, to look at that site, as well as any other site.

As for her employment, I mentioned "At Will" for a reason. It doesn't matter that your daughter is a minor. All that matters is that she's employed, and works at the employer's company at the employer's pleasure, or displeasure. In other words, it doesn't matter what she wrote on MySpace. She can be fired at any time, and for any reason, or for no reason at all. She can quit or continue her employment, and her employer can continue or discontinue her employment - - At Will - - on a moment's notice. It works both ways.

The only time when an employer cannot fire a person is if the employee is under contract (and hasn't breached the contract), or when an employer violates a "protected class" under Title VII; e.g., a violation occurs when an employee is fired due to gender, race, religion, color, age, or other "protections" as found in Title VII.

Unfortunately, nothing in your post would suggest a potential firing under any protected class of person under Title VII. Therefore, the manager is free to, and can fire your daughter, for this or any other reason - - or no reason at all. Theoretically, the manager could fire your daughter on a moment's notice by walking into the business, seeing her there, and then saying, "Joan, you're fired. No reason. just pack up your things and leave immediately." That's all that is necessary. She could do the same thing.