I might get fired for Gross Misconduct and I'm scared what will happen

JReacher1

One thing to be aware of is that it’s very easy to photoshop a post on Facebook so potentially this person could have done that to make your post seem worse it was. This individual is obviously a very nasty unpleasant piece of work so you want to make sure the complaint they have submitted does not have fake evidence attached to it. 

Undervalued

JReacher1 said:

One thing to be aware of is that it’s very easy to photoshop a post on Facebook so potentially this person could have done that to make your post seem worse it was. This individual is obviously a very nasty unpleasant piece of work so you want to make sure the complaint they have submitted does not have fake evidence attached to it. 

Whilst I agree it is reasonable for the OP to check that what the employer has been sent is genuine I would have though the chances of it being faked are really quite slim. He needs to be careful how that comes over.

Assuming it is genuine and that a reasonable person would consider it racist, then I fail to see how the complainant "is obviously a very nasty unpleasant piece of work" for calling it out?

Undervalued

Mickey666 said:

What if the OP claimed to have been p****d out of this mind at the time, doesn't remember posting anything and was subsequently shocked to see the post so deleted it immediately?

Or, what if the OP claimed that someone hacked the account or the PC was left unattended?  OP was subsequently shocked to see the post and so deleted it immediately?

Perhaps the complainant was the hacker because of some grievance against the OP?

After all, who really knows what happened

Is this serious or intended as a joke?
How is claiming to be so drunk as to be incapable or lying about being hacked a defence to anything?
Equally the complainant's motivation is of little relevance. Had the OP behaved properly they would have hand nothing to complain about!

Grumpy_chap

Also, the OP should not bring up the training costs that the company might want to reclaim if at all goes the wrong way for the OP.

ScottishGuy1122

Grumpy_chap said:

Also, the OP should not bring up the training costs that the company might want to reclaim if at all goes the wrong way for the OP.

Yeah, I'm not going to mention that in the investigation and I'm only going to bring it up in the disciplinary if I have one as "company x has invested a lot in me and I want to repay that by completing my degree and becoming an asset to the company and living by the standards company x holds dear" you know, something like that to make them think of the investment without me trying to sound selfish.

Mickey666

Undervalued said:

Mickey666 said:

What if the OP claimed to have been p****d out of this mind at the time, doesn't remember posting anything and was subsequently shocked to see the post so deleted it immediately?

Or, what if the OP claimed that someone hacked the account or the PC was left unattended?  OP was subsequently shocked to see the post and so deleted it immediately?

Perhaps the complainant was the hacker because of some grievance against the OP?

After all, who really knows what happened

Is this serious or intended as a joke?
How is claiming to be so drunk as to be incapable or lying about being hacked a defence to anything?
Equally the complainant's motivation is of little relevance. Had the OP behaved properly they would have hand nothing to complain about!

Well, it's not illegal to get drunk last time I checked and it's well known that it renders people incapable of being responsible for their actions - but yes, that one was tongue-in-cheek.

But hacking is obviously a legitimate defence and the complainant having a grievance against the OP is also quite possible.

As for lying, well it happens all the time doesn't it?  Doesn't make it right, but if nobody ever lied then we wouldn't need a well developed judicial system would we?

What can the employer do if the OP simply denies knowing how whatever-it-was was posted to his social media?  Where's the proof that the OP posted it?

JReacher1

Undervalued said:

JReacher1 said:

One thing to be aware of is that it’s very easy to photoshop a post on Facebook so potentially this person could have done that to make your post seem worse it was. This individual is obviously a very nasty unpleasant piece of work so you want to make sure the complaint they have submitted does not have fake evidence attached to it. 

Whilst I agree it is reasonable for the OP to check that what the employer has been sent is genuine I would have though the chances of it being faked are really quite slim. He needs to be careful how that comes over.

Assuming it is genuine and that a reasonable person would consider it racist, then I fail to see how the complainant "is obviously a very nasty unpleasant piece of work" for calling it out?

He was not calling it out. 

There is no link between what the OP has posted on Facebook and his employer. The person he was arguing with has had to go onto LinkedIn, match up a Facebook photo with a LinkedIn photo and then used this to complain to the employer in the hope I assume to get him fired . 

You have to be an extremely nasty individual to try and ruin someone life in this manner. 

Undervalued

Mickey666 said:

Undervalued said:

Mickey666 said:

What if the OP claimed to have been p****d out of this mind at the time, doesn't remember posting anything and was subsequently shocked to see the post so deleted it immediately?

Or, what if the OP claimed that someone hacked the account or the PC was left unattended?  OP was subsequently shocked to see the post and so deleted it immediately?

Perhaps the complainant was the hacker because of some grievance against the OP?

After all, who really knows what happened

Is this serious or intended as a joke?
How is claiming to be so drunk as to be incapable or lying about being hacked a defence to anything?
Equally the complainant's motivation is of little relevance. Had the OP behaved properly they would have hand nothing to complain about!

Well, it's not illegal to get drunk last time I checked and it's well known that it renders people incapable of being responsible for their actions - but yes, that one was tongue-in-cheek.

But hacking is obviously a legitimate defence and the complainant having a grievance against the OP is also quite possible.

As for lying, well it happens all the time doesn't it?  Doesn't make it right, but if nobody ever lied then we wouldn't need a well developed judicial system would we?

What can the employer do if the OP simply denies knowing how whatever-it-was was posted to his social media?  Where's the proof that the OP posted it?

As has been repeatedly pointed out, an employer does not need "proof". They only need a reasonable belief that the misconduct took place. This is not a criminal court!

If it appeared under the OP's name then it is a reasonable to believe they posted it, unless the employer is presented with convincing evidence to the contrary.

Hacking is a legitimate defence providing that there is enough evidence to make that the more likely explanation.

The motivation of the complainant is of little relevance providing the complaint is true and a reasonable person would take offence at what was written.

It is not illegal to get drunk (except in a public place!) but you are still responsible for your behaviour. "I was so plastered I let my true character show through. Had I been sober I would have kept it hidden" doesn't sound much of a defence to me! 

Mickey666

Well in that case it sounds like the employer can think what they like and the OP is screwed whatever they say.  In which case there's little point in saying anything.

I'm guessing you're more used to acting for the prosecution than the defence

JReacher1

Mickey666 said:

Well in that case it sounds like the employer can think what they like and the OP is screwed whatever they say.  In which case there's little point in saying anything.

I'm guessing you're more used to acting for the prosecution than the defence

As the poster seem to believe that there is nothing wrong (when in an argument with someone online) to use LinkedIn to identify the persons employer and then contact that employer to try and get the person fired I would suggest you won’t win this debate