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Racist Facebook posts support employee termination, maybe

November 2020 employment law letter
Authors: 
Martin J. Regimbal, The Kullman Firm

Despite the proliferation of employer social media policies over the last decade and frequent cautionary tales in the news of employee social media mishaps resulting in serious consequences in the workplace, major issues continue to arise. In a recent Mississippi Court of Appeals case, however, what seemed like a classic case of social media misconduct rightfully leading to termination wound up in a finding for the employee. Let’s take a closer look.

Facts

In 2017, Cammie Rone’s employment as a schoolteacher at Batesville Intermediate School was terminated by South Panola School District (SPSD) Superintendent Tim Wilder. The basis for her termination was a Facebook post attributed to Rone that stated:

If blacks in this country are so offended [sic] no one is forcing them to stay here. Why don’t they pack up and move back to Africa where they will have to work for a living. I am sure our government will pay for it! We pay for everything else.

In addition, another reason given for Rone’s termination was a Facebook comment attributed to her stating “Amen” in response to a comment another individual had posted that stated, “Bet they won’t protest them welfare checks.” Screenshots of the post and comment were sent to the SPSD’s public information director.

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