this post was submitted on 19 Mar 2024
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[–] legios@aussie.zone 90 points 8 months ago* (last edited 8 months ago) (3 children)

I'm a senior manager at a pretty big company.

That's something she does on the side, and if anyone in the workplace gave her shit, I would tell them to leave it the fuck alone unless they wanted me to bring HR in to the convo.

Can people please not be cunts? (I'm an Aussie...)

Edit: People need to disconnect things. Say there's leaked nudes (or even just public nudes) of a work colleague. Let's take it to they used to do porn. Yep, that's something they did. That has zero impact on their role now or who they are in their role. They don't deserve shame, or ridicule.

[–] captain_aggravated@sh.itjust.works 82 points 8 months ago (3 children)

You know this chick:

Those expressions were her reaction to taste testing some kombucha on a video or stream. Those screenshots were grabbed by the internet and used in a similar format to the Drake meme, "Nah that's bad" "actually I like that

She worked at a bank. They fired her for it.

[–] jkrtn@lemmy.ml 44 points 8 months ago (1 children)

That's fucked up. There's nothing about that video that was remotely inappropriate for work. Everyone needs to join a union, holy hell.

[–] anarchy79@lemmy.world 2 points 7 months ago

I heard Unions were of the devil!

[–] RampantParanoia2365@lemmy.world 26 points 8 months ago* (last edited 8 months ago) (2 children)

So she was essentially fired for being a comedic actor. Imagine if the restaurant industry had the same policy.

[–] captain_aggravated@sh.itjust.works 24 points 8 months ago (1 children)

It's potentially worse, and stupider, than that.

The bank didn't fire her specifically because she posted the video where she made a couple faces after trying kombucha. They fired her because her face started to get used for the meme. Completely out of her control, because people started posting "thing I don't like, thing I like" memes with this format, often times with various political messages. Basically someone else used her face in a "this brings joy, this does not bring joy" meme and she got canned because of the bank's "image." As if it was actually her saying these things.

[–] TropicalDingdong@lemmy.world 13 points 8 months ago (1 children)

I mean, I hope she got a hell of a lawsuit out of that, because damn. Also its a bank so you know they have at least some money.

[–] abraxas@sh.itjust.works 5 points 8 months ago (2 children)

At Will employment. "In a meme" is not a protected class, and a reasonable bank employee could see her meme-attachment having a detrimental effect on business (you don't have to be in your reasons for firing someone as long as those reasons aren't protected or being used to hide that you're firing them for a protected reason). I'd guess she'd have no case in almost any state in the US with their lack of employee protections.

[–] chiliedogg@lemmy.world 6 points 8 months ago (1 children)

And to be clear - she probably got unemployment. "At-Will" isn't a magic spell.

Terminating an employee without cause requires them to pay unemployment.

[–] abraxas@sh.itjust.works 1 points 7 months ago (1 children)

She was terminated "for cause". To get unemployment, she's likely to have to fight for it. She's likely to win, but it's not a free thing.

[–] chiliedogg@lemmy.world 1 points 7 months ago (1 children)

It's super duper easy. The unemployment office LOVES forcing companies to pay up.

[–] abraxas@sh.itjust.works 1 points 7 months ago* (last edited 7 months ago)

You're not wrong, but I've also worked at companies that successfully contested unemployment claims. It can depend by state, but "it was entirely this person's fault" is a bad start. Employers win about 30% of contested claims, and then about 15-20% of appeals (#1 cause for an employer losing a contested claim or an appeal appears to be withdrawing or not showing up for it). (Some numbers)

And the main reason employers lose when they show up is lack of preparation. In a case like the above, if they can show a policy (preferably one signed by her) that directly forbids her onlyfans account, they probably have a pretty good case to shut her down.

That said, they're very unlikely to waste their time and money to fight it. Ultimately (as my current employer's HR put it) "it's just a cost of doing business" and a waste of money to pursue.

[–] Gabu@lemmy.world 4 points 8 months ago (1 children)

Gross. Here in Brazil the employers would be bending over backwards to beg her not to sue them for all they're worth.

[–] anarchy79@lemmy.world 4 points 7 months ago* (last edited 7 months ago)

Here in Sweden this wouldn't be a problem whatsoever, and she'd have worker rights. Well, the conservatives driven by American cock sucking ideals are dismantling all that, but so far, she'd be ok.

ed: i get political when I'm drunk, sorry

[–] TropicalDingdong@lemmy.world 1 points 8 months ago

restaurant industry

Isn't that where fired comedic actors go after they are fired?

[–] Raiderkev@lemmy.world 23 points 8 months ago

Wow. TIL. That sucks.

[–] lud@lemm.ee 5 points 8 months ago (3 children)

What would HR at your company say?

[–] Leviathan@lemmy.world 6 points 8 months ago

"We need to protect our innocent company from these scumbag workers at all cost!"

I assume, they don't exist to protect workers' rights.

[–] velvetThunder@lemmy.zip 6 points 8 months ago (1 children)

Stop giving people shit about their "hobbies".

[–] lud@lemm.ee -1 points 8 months ago

Are you saying that to me or as a quote?

[–] abraxas@sh.itjust.works 5 points 8 months ago (1 children)

HR where I work is excessively paranoid about terminations. They will want a paper trail of performance failures or argue to death that "then they'll be able to argue they were really fired for a protected reason. Get me a paper trail of performance failures".

Not saying our HR is worker-friendly. They're just VERY lawsuit-averse.

Flip-side, I worked at a company that fired anyone for any reason and just kept cash aside for wrongful termination suits. And they had a HUGE HR team, whose job it was to keep the employers happy.

[–] anarchy79@lemmy.world 1 points 7 months ago

It's like a union, but for corporations.