Lady employee fired for ALL CAPS EMAIL!!
By neelianoscet
@neelianoscet (9615)
Philippines
September 2, 2009 6:02am CST
That's exactly what happened to Vicki Walker, who was abruptly kicked out of her job
for sending "confrontational emails" with text formatted in a variety of red, bold,
and all caps fonts. Walker had sent the emails to fellow workers within the
company, usually with stern and detailed instructions on how forms should be
properly filled out.Someone at ProCare didn't like her approach, suggesting she
caused "disharmony in the workplace" and was being too confrontational via email,
eventually firing her without warning.
Walker, however, got the last laugh. She sued for wrongful termination and won the
case, pocketing $17,000 in lost wages and for other unspecified harm caused due to
the firing.
What do you think? Is it OK to fire someone for misuse of their caps lock button? Feel free to respond in the comments section below. First one to do so in all caps gets fired.
Would you do the same things filed a lawsuits against your employer??
Source of reference;http://tech.yahoo.com/blogs/null/148175
7 people like this
17 responses
@neelianoscet (9615)
• Philippines
2 Sep 09
But, it still not right to fired her because of the slight offenses..their are more grave offenses like petting in the office or scandal behavior which deserves more harsh treatment than hers..
@neelianoscet (9615)
• Philippines
3 Sep 09
that maybe her mistakes in which the head of the company sign up for her immediate dismissal as they also receive it or somehow the other employees send the copies for them to see and it annoy them to the point that they never ever give her prior warning, resulting in her unlawful dismissal..because they are in the authority they think they could decide the fate of its employees and their subordinates have no right to voice complain. But, in this cases the lady won because she proves that an employees have power to prosecute even a big company and keep her rightful rights to stand on her ground for her beliefs that she wrongly been judged..
@tamarafireheart (15384)
•
3 Sep 09
Hi neel,
Well done to mis Walker, she was right to sue the compan y for unfair dismassil, the company was wrong to fire her, I hope they learn their lessons.
Tamara
1 person likes this
@neelianoscet (9615)
• Philippines
3 Sep 09
hi, tamara, that would serve as a sample in which even big company should need to be careful in firing employees in an instant without citing many violations with no hard evidence as everybody is not yet guilty until proven. In this case it show that employees have their own right to sue and make complain if she see her fault not a threat to the company. In cases it is the employees fault she should have been given first a memo warning before firing her citing her for being unprofessional and as the main culprit affecting the productivity of fellow co-worker because of lost in self esteem and low morale..
@jross19871 (239)
• United States
3 Sep 09
What if she was responsible for low morale and the employees were not as productive as before?
1 person likes this
@GardenGerty (160624)
• United States
2 Sep 09
The style she reportedly used is indeed confrontational. My place of employment does not have me sending e-mails, but along the same lines, where I work, the first time this was noted she would be talked to. That talk would be documented on a form, and would have been called a verbal warning, even though it was written down. The second time she would have been written up. The third time she would have been called into the office and put on an Action Plan, with goals to meet. If she failed there she would have either been demoted or fired depending on how valuable she was to the company in any capacity. I would not waste my time filing suit, even though, in this case, she won, look at all the negative publicity she got. Her lawyer probably got two thirds of that settlement, so, although she hurt the company a little bit in the pocket, for her profit of a little over $5000 she has publicly blacklisted herself. No one else will hire her.
1 person likes this
@neelianoscet (9615)
• Philippines
2 Sep 09
Yeah, the lady failed in terms of properly use of office etiquette or even known as internet etiquette when in fact she may be aware that sending email in ALL CAPS is tantamount to shouting which is a very offensive to her fellow co-workers and even breaking the rules of the company whom she work. And, in your places of employment, the same offenses may be delegated in accordance with your company rules but with a warning. Somehow both parties have their own mistakes. The employees for being sarcastic in her emails and the employer for firing her without even giving her necessary warning, as it may be the holes seen by her employers resulting her to win her lawsuits against her company..
@neelianoscet (9615)
• Philippines
2 Sep 09
oops, I mean as seen by her lawyers which resulting in her cases being favor by the judge..
@MsTickle (25180)
• Australia
6 Sep 09
It seems to me just from reading your post that neither this woman or the judge is aware of online etiquette when conversing or communicating with others. One of the first things I learned that upper case was "shouting" and it was an aggressive thing to do and in many forums you are not allowed to use upper case. I think she was very lucky to get away with this suit because a magistrate in the Know would have also seen her manner as overbearing and aggressive.
1 person likes this
@neelianoscet (9615)
• Philippines
6 Sep 09
yeah that is true but in cases the incident happen because she unknowingly know the rules,her behavior needs a broader study and not to be totally judged as wrong but an honest mistakes. because she do it not in purpose ,but a sort of reminder and it happen she makes an email in all caps and in red font. How about if it happen the font is in different colors? Would she receive the same reactions or it is just the color red which ignites her fellow co-workers to report her to to the upper management. it is really an extreme judgment to fired her from her jobs without first citing the reasons on how many times did she commit the same offenses, if it only once. Then,the lady deserves a due process, mainly a suspension or a memo warning will suffice...
@blackbriar (9076)
• United States
20 Sep 09
If she was forewarned about the abuse of the caps lock key and then fired when she persisted on using it, then being fired was the next step. Using ALL CAPS is shouting in chat/emails. Would you tolerate a co-worker who constantly shouts/yells at you while giving you instructions? I wouldn't and would of fired the person myself as well.
1 person likes this
@neelianoscet (9615)
• Philippines
20 Sep 09
Yeah, that is too some perspectives point of view of other people as a cruel decision to the management in case the employee concern is not aware of office etiquette. In cases, she have been have been given warning prior to her dismissal, company have hold to won in the case against her citing her violence.
@AKMEDIA2 (328)
• United States
14 Sep 09
That is just completely ridiculous. She should be suspended and then warned but not outright just fired. Are people nowadays this sensitive to things, this politically correct toward the world? I just guess I'll watch my caps and font is all.
@neelianoscet (9615)
• Philippines
14 Sep 09
hi akmedia, yeah that is really funny but it happen to her. Who on the right frame of her mind? Would ever think to fired you just for being set your FONT on all capitals and then with highlighted color red which makes her co-workers furious with her sending such emails! ha..ha.. ha..indeed ridiculously outrageous remarks!!ya.. you bet ya better watch.
@cutepenguin (6431)
• Canada
2 Sep 09
I don't think she should have won her case. She should have been warned several times, but maybe she was warned and didn't pay attention.
If she had been "yelling" at fellow employees offline, she would have been fired, and this is essentially what she was doing with these emails, especially as they were instructional. She basically demonstrated poor communication skills - should she have gotten to keep her job?
1 person likes this
@neelianoscet (9615)
• Philippines
2 Sep 09
It is not really clear based on the news but its indicates instant firing without any higher reasons as specify than all caps email as the main culprit. The manner it was done maybe sarcastic but it should be delegated as their may be lesser penalty then termination, better t opt for suspension or giving her memo warning..
@neelianoscet (9615)
• Philippines
3 Sep 09
That is really not a valid reason to fired employees because of ALL CAPS EMAIL in which their are more misconduct that are happening in the office worst than she committed..Filing a lawsuit is the right of all employees who believes they are in a right reason to complain unfair dismissal...
@kun2349 (23381)
• Singapore
2 Sep 09
hahaha =D That person whom filed a complain against her, must be someone who's narrow minded or even petty!! lol =D What's wrong with using caps in typing, when it's just for 'highlighting' certain things in the form, just to make it clear?? hehe ^_^
I'm glad that she won the lawsuit, and that whoever complaint against her, should be fined instead, for she does not respect human rights at all.. lol =D And since she does not like that kind of approach, she should tell her straight, and going by chain of command, but too bad, she din do that, and she's in the wrong too.. lol =D
PLus, the company is kinda stupid too, to be sacking someone over some caps?? lol =D 
@neelianoscet (9615)
• Philippines
2 Sep 09
That really serves as a warning for every employees and even employer to take it serious about the internet etiquette may be uses as a subject for termination. It may sounds funny, but it is true and it could happen to anyone,,her cases is a good examples of office grapevines the issues escalated and reach the higher management which resolve the issues by firing her which even make it a controversial when she won her cases against the company..yeah, I agree with you if co-workers think she get offense from a co-workers they should need to talk or settle the issues before it reach the management..with her samples many company for sure will take precaution brfore firing employees if they do not want to be sued..
1 person likes this
@jayrene (2708)
• Philippines
2 Sep 09
i dont think its right to have fired her just because of the all caps email. a memo or a suspension could have been served to her first. maybe she was really annoyed with people doing filling those forms and not doing it rightly, that's why she wrote with an all caps to make them understand how it is properly done.
anyway, it was too harsh... i hope she can find another work though, suing the company that fired her and winning, i think the other companies may be not into hiring her anymore because of that.
1 person likes this
@neelianoscet (9615)
• Philippines
2 Sep 09
yeah, that is really a bad decision for the company to terminate her in an instant without a warning or opt to lesser penalty of suspension..Everyone get a mistakes and in her cases it escalated and reach the higher management. But,it could be resolve if only both parties have come to settle the issues beforehand t comes out with the harsh decision putting the company in the embarassing situation..
@khayshenz (1384)
• United States
2 Sep 09
If she was just using all caps - she deserves more of a warning. Of course, it seems like there's more to it than just the all-caps e-mails. I mean why would she even bother changing the color of the font and what-not? Anyway, she should have gotten a warning and a schooling on e-mail etiquette.
1 person likes this
@neelianoscet (9615)
• Philippines
2 Sep 09
She break the rules on internet etiquette and as part of company policies she gets terminated..maybe, she gets motives in doing it but the firing is over kill..maybe better warning or suspension may be more acceptable
@LetranKnight25 (33121)
• Philippines
3 Sep 09
Wow, really. they should have just called the attention of that worker to be scolded or given a warning or something rather than firing her with out noticed. i think if i were in her shoes that time, i would do the same thing. If firing her with that cause has nothing to do with their companies policies then that's it. she won....@neelianoscet (9615)
• Philippines
3 Sep 09
yeah, that is the right policy that her company should implement in order that the erring employees have never brought her cases to court. The result is greatly affected both the reputation of the two parties involves. To the company it is a greatest insult being lost cases against the employees. And, to the employees she won which inspire other employees who meet the same situation to fight back for their right to be heard, while doing this the employees concern have also tarnish her reputation as many company will likely denied her to be employ-if the company have a totally autocratic/authoritarian management, while she will be likely receive by a participative management style company who are fair in treating their employees.
@laughterfromclouds (60)
• United States
2 Sep 09
NO WAY!!!!! Sorry had to put it that way. Glad she came out on top. Similar situation happened to me. I was demoted as a 14 yr long supervisor in upper managment after I took a 12 week maternity leave. My statement was made to my subordinates that I would split money with them. I was told by upper, upper management that this could have potentially created a harassing environment. I have had my career of 14 committed years taken from me and do a job that I know nothing about. Not to mention a huge paycut!! I too have claims with the EEOC for my companies actions. Problem is I was not fired and still work for the company because I think they actually knew they had no reason to do what they did. People are afraid to speak to me for fear of being associated with me now and getting the same thing done to them. It has been very emotionally sickening to sit here and have to take this. I have to have a job. We are a two income family already struggling and even more after my paycut.
1 person likes this
@neelianoscet (9615)
• Philippines
2 Sep 09
yeah, that is a greatest battle which she set against her employer but her reputation is also ruin, so is the same things with the company. Some comments think that she will be difficulty in finding her new job, because of her attitudes.many company will be wary of hiring her.In your cases, you're still lucky to be back on your job, although it is disheartening being demoted..You get to have a lot of patience as long as they stop bugging you out,,you could stay in your job as long as you never offense other people working on your company..
@jross19871 (239)
• United States
3 Sep 09
I would not fire someone for their misuse of caps. I get the feeling she had a history of lowering moral. If this is true, then she is harmful for work. However, if this is not the case she deserves every penny she won from suing them,
1 person likes this
@neelianoscet (9615)
• Philippines
3 Sep 09
Yeah, if she always do it in many instances and not just once, she really deserves to be fired but with past warning before hand and if she keep violating or breaking the rules. And, in cases she do it only once but have emails the same messages to all her co-workers, she should be delegated with her attitudes and comes out with a better solution to her cases..
@rsa101 (38148)
• Philippines
2 Sep 09
Well it was wrong since she won the case. I think the courts favored her since and all caps text is just a between those that are knowledgeable about computer chatting but it does not have any legal meaning at all. I guess her employer went a bit overboard about that. I feel the reasoning was wrong why they terminated her by just typing all caps text. But I do agree that the employer was right about there is an attitude problem that exist in this lady. I think the more appropriate approach for her is written reprimand for the first offense and maybe suspension if the employee makes second time and last is termination if she is persistently stubborn for the same offense. I hope the employer learned his lesson well never to just terminate without really having enough reason to terminate an employee.
1 person likes this
@neelianoscet (9615)
• Philippines
2 Sep 09
That really the advantages which the lady get to won her cases. If her fellow co-workers never do it over all reactions to her emails and just talk to her directly without bringing the issues to the management. It will pass by and will ot escalated into more conflicting issues. If in case like this is called office etiquette which all in the business of technology must be aware of and may be given a double meaning to those people who are adept with the interpretation of all CAPITAL wording is an equivalent of aggressive behavior like taunting, shouting or insulting, which the employee concern may not be totally aware of. However, the management have their own faults terminating her directly without undergoing fair processes which lead to the employee victory against her company.
@paula27661 (15811)
• Australia
2 Sep 09
Well I’m not surprised she won her court case the dismissal does sound a tad harsh. I have to wonder whether there is more to the situation than someone just using inappropriate font in emails. What is interesting is that she was fired without warning which I thought you had to receive at least three of before you could be told to go.
1 person likes this
@neelianoscet (9615)
• Philippines
2 Sep 09
That is the main mistakes of the company whom she work for she may been inappropriate been fired out of her job. Citing indifferent with her behavior to fellow workers. Without enough evidences to prove that she have been giving warning beforehand until the day she is fire from her jobs...
1 person likes this
@sehlers (163)
• United States
2 Sep 09
I wouldn't fire somebody for using all caps. It does sound like there was more going on with this lady, as in sending confrontational emails. Still, I wouldn't fire her off the bat for something like that. I would talk to her about the nature of her emails and have her tone it down. However, if the confrontational emails continued it could be construed as making a hostile work environment, especially if the people she was emailing were subordinates. In that case, I could see going up the chain of discipline, from written warning, to suspension to termination. I sure wouldn't start with termination.
1 person likes this
