Discussion in 'FedEx Discussions' started by Mr. 7, Jul 26, 2012.
You'll be getting your's soon.
What's this about, criticizing the company online?
Are we forbidden to participate? ( snickers)
I hope it backfires on them. They're pretty good at aiming directly at their feet.
Oh I just can NOT wait to go in tomorrow. Been out of the station for the last 2 weeks, this should be entertaining.
Haven't heard a thing.
It's outthere (the 3 page memo) regarding employee use of social media. A friend that is still with Express showed it to me while we were having lunch (I'll try to get a hard copy for myself to examine in detail if possible). It makes mention of all the "normal" social media (Facebook, Twitter, etc). but curiously neglects to mention "Brown Cafe" (NOT an accidental omission). Express doesn't want a "flood" of hits from Express employees hitting BC - just think of the headaches it would cause them... And you wonder why I still post here.... It's called PAYBACK baby!!!
Basically, if you are an Express employee and identify yourself as such in social media - ANYTHING you post CAN AND WILL BE USED AGAINST YOU should Express so choose. If you libel FedEx in anyway while having identified yourself as an Express employee, you will be held to account as if YOU MADE THE STATEMENT WHILE ON THE CLOCK. In otherwords, a single post (while having ID'ed yourself) that libels Express or FedEx in ANYWAY - may result in disciplinary action up to involuntary termination.
So much for the shills which state Express DOESN'T monitor social media... They watch all social media like hawks.
So be careful... DON'T give potentially identifying information about yourself (I didn't closely examine if the policy only applies if you give name and employee number, or if you just give enough information to adequately identify you to FedEx's standards).
Everybody wave at Maury and his minions....
I said it Saturday. They gave it away when they were "protecting us" from the box thrower that went viral. They monitor all media.
I wish I could remember the woman's name that was interviewed. They have a whole dept that does nothing all day but review these types of sites. You can bet your bottom dollar it isn't just twitter and YouTube.
Richo............very good advice.
Oh, so if I'm off the clock on my own time it's as if I said it on the clock? Sorry, but unless I'm getting paid, my personal time is exactly that....personal. It is not subject to FedEx monitoring. I do believe it's time to call in the lawyers. Perhaps the ACLU would even be interested in this one.
That is what the document looked to say. FedEx is now taking a "hard line" against talk in social media which "damages" FedEx (their opinion of what constitutes "damage").
If you PUBLICALLY identify yourself as an Express employee - not just say "I work for Express", but rather "I work for Express, my name is Joseph R. Blow and my employee number is 888888"; then Joe Blow is going to be in for a sitdown talk and subject to discipline up to and including termination.
So the question is begged, "How in the hell can Express discipline employees for what they post in social media, IF Express isn't supposedly monitoring all social media?" The obvious answer is that Express does monitor ALL social media and records what they believe to be relevant. Anything you "say" can and will be used against you by your employer - should you identify yourself in the process of doing it.
Due to the nature of social media, one who posts within social media is basically on a "soap box to the world". Those in power don't like this one bit (remember the mushroom analogy...). So the gloves are being taken off and all those who are presumptuous enough to "bad mouth Express" (I wasn't going to say "Bad mouth Fred" - the imagery involved there was just too damn unpleasant), are going to pay the price.
It all falls under libel law, and Express is certainly within its rights to defend "its good name" (legal term), from detractors who wish to "diminish its well earned reputation" (another legal term).
In PRIVATE correspondence, you can say whatever you want without fear of reprisal (even if the correspondence is "leaked"). It is when one gets up on that soapbox and starts saying things, that libel law comes into play, and Express has decided to no longer play as if nothing is happening "out there", but now they are going to start going after those who publically ID themselves.
But are we libeling them by stating facts? And are they going after us or just preparing for the outrage that's sure to come in October?
One of my stops is with the local paper.. If I receive this I will let them see it all..Im ready for a fight all the way to the Supreme court!!!
Everyone knows that what constitutes "fact" is only what can be proven. This discussion has been already held here. It is when someone states a "fact" - then places a statement after that "fact" - as in : FedEx CHEATED me... That gets into the area of libel.
Everyone on this site (you included "vantexan") have engaged in posting which meets the definiton of libel. Up until now, Express has more or less turned a blind eye to it. From that document I looked over today - it looks as if that will no longer be the case.
By Express' action with that document, they made two monumental changes in practice.
1) They're admitting that they are monitoring social media for libelous statements regarding Express. (I've known that they've monitored social media for years - now they are coming right out and admitting it).
2) They have made it policy that any employees which make libelous statements regarding Express and do so while providing their identity - WILL HAVE TO ACCOUNT TO EXPRESS FOR THEIR ACTIONS. FedEx is now firmly into playing hardball with its individual employees who try to drag the reputation of FedEx down.
This is significant. The reason why has to do with potential litigation for wrongful termination. With Express adopting this policy - they are making a de facto admission that they are ready to fight any potential litigation for wrongful termination which may result as a consequence of implementing this policy.
This isn't some unforeseen consequence of the policy change. FedEx legal HAD TO completely think through the potential consequences to FedEx (regarding potential litigation for wrongful termination) and come to the decision that that policy was more cost effective (reducing negative PR relating to FedEx), than any potential cost incurred due to future litigation. And in all honesty, the case law SUPPORTS FedEx's position.
So again - be careful. DON'T reveal your identity when you post here. Stay as ambiguous as possible. DON'T reveal any personal data to others in personal mail unless you REALLY have some reason to trust them - even if you do trust them, there is no reason to get "personal". If someone asks for personal information in a PM to you - BE ON GUARD!!
This policy makes perfect sense with some of the "things that have been going on around here for the past month or so"... I'll leave it at that.
Well, since it has been established that they do indeed monitor social media - then it is safe to bet that Memphis knows the "cat is out of the bag" regarding the October announcement (all due to their "subscription" to Brown Cafe). So yes, they may be acting proactively, anticipating an upsurge in activity in social media regarding the impending changes.
By now, you (and everyone) knows that NOTHING happens by coincidence when it comes to FedEx. They plan everything out and have a well thought out action plan for EVERYTHING - including negative PR in social media.
I imagine a lot of what that policy hopes to achieve, is to install FEAR in the employees. FEAR in that if they choose to start dragging FedEx through the mud (I do anticipate a sharp increase in negative PR come late September-early October), that they will be putting their employment at risk.
This isn't something that you have to "trust me" about - GET THE DOCUMENT for yourself and read it. It should be available in the stations if not tomorrow, most definitely by Monday. I'm going to try to get a copy of it to be able to completely pick it apart tomorrow (I had just a few minutes to look at it today and wasn't given a copy to keep).
And if you find an attorney willing to work pro bono for you, go ahead and post their name so everyone else can have a chance to use them...
I understand what you are saying but am wondering if going forward we just stated exactly what it is they are doing does that give them enough ammo to try and silence us? Or can we continue to state facts, not opinions but cold hard facts?
The best thing I can recommend is for you to do some outside research into what constitutes libel.
Here is a quick and dirty review of what libel is (mind you, it is the LEGAL definiton)
Defamation, Libel and Slander Law
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper. Brown Cafe meets the standard of being a "fixed medium".
Typically, the elements of a cause of action for defamation include:
A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.
Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:
Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude;
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.
This all has to do with what is applicable in a court of law. Now... if you publically ID yourself and make libelous statements regarding FedEx, then for your employment... FEDEX will make the decision as to what is opinion and what is libelous - then make a decision as to what to do with you. If they do make a decision to terminate someone's employment, then the only recourse that individual would have would be to litigate for wrongful termination.
However... I'd bet every last dollar I have, that if someone does attempt to litigate for wrongful termination based on libel in social media, that FedEx would countersue with a civil case for.... libel. Which you would have to defend against. Then that individual would be placed into a position of having to PROVE what they wrote met the legal definiton of fact. Not an envious position to be placed in.
FedEx DOESN'T have to "go to court" to terminate your employment if they so choose - they merely have to reach a decision that their decision wouldn't reasonably be overturned in the event that the employee did sue for wrongful termination. You have NO UNION protection, you are at the mercy of Express when it comes to something like this. It is only after someone is actually terminated for what they posted in social media - that they can resort to litigation - and it ISN'T CHEAP.
We recently had our version of Social Media Training on our DIADs. The basic theme of the training was that we are to represent our employer in a positive light if we reference them while using social media. Brown Cafe was also left off the list of sites. Social media is monitored.
What usually happens when you try and put a lid on a boiling, seething pot full of noxious discontent? The lid comes off.... and spreads like wildfire.
Is this the same "boiling pot" that is too damn afraid to sign union rep cards in an attempt to put a stop to the crap that has been rolling downhill for the past decade (at least)?
No... I think Express thought this one out rather well. They know that when the October surprise is popped, that there will be an uptick in discontent. I think vantexan nailed it when he suggested that this policy change is in anticipation of what is going to happen, deliberately ratcheting up the level of fear in the wage employees to keep their mouth shut if they want to keep their employment.
One has to remember, Brown Cafe (with all due respect) is a backwater among social media sites. The readership to the "FedEx list" may number 150 - and that includes a healthy number of UPSers taking an occasional peek from their usual time on the UPS boards.
"Traditional" social media, has all posters automatically identified as part of their profile. So Express' move essentially silences those venues - or places employees on notice that if they do start to spout off - they will have undetermined consequences to face.
There is something that is curious to me (believe it or not, I DON'T do other "social media" other than BC)....
Is Express going to monitor the profiles of each and every employee - for potential "bad talk" about Express? Does Facebook have forums dedicated to topic discussion (I'm asking, I don't have a clue)?
It just seems difficult to imagine that Express would go to the time to monitor individual's profiles on other social media (who happen to ID themselves as Express employees).
Now... monitoring sites such as this is a no brainer - it is all in a nice, compact format where a single person can keep up to speed with what chatter is going on and make reports back to higher ups.
Hmmmmm.... sound familiar?
BC can't be that hard to find though. When we were transitioning to ISP in our building, I had a Ops manager come up to me and say, "Who's bbsam?" Of course, I didn't make any secret of it, but I hadn't been advertising the site either. My guess they typed in something like "Illinois ISP transition" and it popped up. Since signing a non-disclosure form about the negotiations, however, I am careful to give absolutely no comment on that. The disclosure form said something along the lines that Fedex could sue a breach of that document for any harm or loss of revenue incurred as a result of said breach. I have no idea how that would be calculated, but I am certain it would become very expensive very quickly.
Separate names with a comma.