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    <title><![CDATA[Discussion on Another firing over Facebook comments: Lawsuit pending ]]></title>
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    <item>
        <title><![CDATA[RE: Another firing over Facebook comments: Lawsuit pending]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3394359]]></link>
        <description><![CDATA[People are putting to much of their personal business on facebook. You shouln't be talking about your job on facebook not knowing who may read it. IT'S ENTERTAINMENT.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3394359]]></guid>
        <dc:creator><![CDATA[leenee647@...]]></dc:creator>
        <pubDate>Sat, 04 Dec 2010 09:29:35 -0800</pubDate>
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    <item>
        <title><![CDATA[My experience to a tee!...]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3393109]]></link>
        <description><![CDATA[You hit the proverbial nail on the head!]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3393109]]></guid>
        <dc:creator><![CDATA[JCitizen]]></dc:creator>
        <pubDate>Wed, 01 Dec 2010 12:57:51 -0800</pubDate>
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    <item>
        <title><![CDATA[Is the supervisor she complained about the Company?]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3393115]]></link>
        <description><![CDATA[Where does it say she bad-mouthed the company?  I read she complained about one company employee.In most 1st world countries this issue would not have arisen over a facebook posting - the company, if it bothered to look, would probably ignore it, or hauled the employee in for a &quot;chat&quot;.  Perhaps this discussion should be about how employees are treated in the US compared to the rest of the civilized world.My concern is that the restrictive practices in the US often end up being tried here in Canada, too, and I don't want to see our civil rights eroded.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3393115]]></guid>
        <dc:creator><![CDATA[radleym]]></dc:creator>
        <pubDate>Wed, 01 Dec 2010 12:26:29 -0800</pubDate>
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    <item>
        <title><![CDATA[Me, Bitter?]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3393113]]></link>
        <description><![CDATA[Thanks for your concern, but I had a very good career as a systems and management consultant, and continue to enjoy my retirement.I admit that it irritates me to read the &quot;company first&quot;-ers, who state or imply that that any representation concerning employee rights is communism, or bad unionism.  So I get a little sarcastic sometimes.I have read a great deal on the rise of unionism in the US, with its attendant beatings, killings etc, usually sanctioned by the city/state/national government.  I am also cognizant of unionisms fall - taken over largely by organized crime etc.  I have watched with interest the efforts of the rabid anti-worker pro-business right in the US and how successful they have been in convincing American workers that as far as their job goes they should have no rights and should just be happy mindless cogs in whatever organization lowers itself to hire them.It speaks volumes that I cannot even ask a question in this discussion without having all the little right-wing soldiers jumping all over me.So lighten up, for heaven's sake!You'll live a healthier and happier life if you do.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3393113]]></guid>
        <dc:creator><![CDATA[radleym]]></dc:creator>
        <pubDate>Wed, 01 Dec 2010 12:12:16 -0800</pubDate>
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    <item>
        <title><![CDATA[Not facts you asked for but ...]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392925]]></link>
        <description><![CDATA[but as I stated previously (another thread), if you are going around name calling and bad mouthing your boss, or the company you work for, how can they possibly expect you to give them 100% while you ARE on the clock? If you aren't giving 100% they have every right to dismiss you.  I have disagreements with my bosses all the time, but in the end it is almost always &quot;I disagree with you, but will do as you wish&quot; or they say &quot;Ah, I disagree with you do as you wish, but if it turns out badly you will be held accountable&quot;At the very minimum name calling and bad mouthing could create a &quot;Hostile Working Environment&quot;, even if it is in a public forum and not during working hours and most companies have strict rules about that sort of thing.  In fact the Federal and State agencies have regulations for it as well.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392925]]></guid>
        <dc:creator><![CDATA[tech@...]]></dc:creator>
        <pubDate>Wed, 01 Dec 2010 06:56:38 -0800</pubDate>
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    <item>
        <title><![CDATA[It is Not About Slavery]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392912]]></link>
        <description><![CDATA[Hi Will,I am glad more and more people are showing common sensicality in here. However, there are still people that seem to miss the heart of the issue.I respect your stand. That notwithstanding, I do not think that this is about employee &quot;ownership&quot; or &quot;slavery&quot;.Let us try to be objective and put things in proper context. I think that this case has more to do with being &quot;professional&quot; than &quot;ownership. In fact, many employees have excellent technical skills and not as many strive to develop soft skills.Honestly, in a professional way, I would suggest an employee consider taking either of the following steps depending upon the context:(1). You are not Happy with your manager: This is a situation most of us, professionals/employees have been in, at least once, including seniors managers. A VP may not be happy with her senior/executive VP, or CEO, and a CEO may not be happy with his Board Chairperson. In the case of an employee, not being happy with your immediate supervisor does not necessarily mean that you are not--or will not be happy with another manager within the company. So what? If you are not happy with your supervisor, then, you you should consider looking for an internal opportunity and make a horizontal move. Note than companies do not necessarily condone all that managers do. And most good to great companies do not approve of any manager mistreating employees. Therefore, badmouthing a whole corporation because one has had an issue with their supervisor is uncalled for, unprofessional and to say the least, immature.(2). You are not Happy with the Company: It is possible that for some reasons, someone may not be happy with the company they work for. It might be because of cultural issues, or other well documented issues. In this case, if you have a well documented case (e.g., mistreatment, unfairness, and so on) then you should, or might consider seeking  legal counsel. However, the first step should be the internal EEO. If everything failed to work after exhausting all internal avenues, then you should consider quitting first. Because suing the company you still work for would certainly put you in a very uncomfortable situation. There would be mutual distrust and as a result of this situation, your productivity--assuming you would still be assigned projects, would greatly suffer.Bottom line is, it is irresponsible and immature to publicly badmouth your boss, or employer. Worse yet, so immature is doing so and expecting the employer to continue to keep you on its payroll. Well, you'd probably need to be irreplaceable. Unfortunately, none is.I doubt the company would have fired this employee had she written all these disparaging comments in a private and personal diary. Had she documented these comments in her personal and private diary and be fired after someone accidental found the diary, she would have a very strong case. But doing so on Facebook, no. I beg to strongly disagree not without respecting the opposing views.It is not slavery. It is simple common sense, wisdom and, in two words, being professional.Jean-Pierre]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392912]]></guid>
        <dc:creator><![CDATA[jperick.mbei@...]]></dc:creator>
        <pubDate>Wed, 01 Dec 2010 06:11:48 -0800</pubDate>
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    <item>
        <title><![CDATA[Not even close to slavery]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392901]]></link>
        <description><![CDATA[You can walk away at any time and thus are not a slave.  That said, there is a great problem in America where people want the money for work, but they don't actually want to work for the money.  Here is an example.  I once worked in an envelope factory as a union employee.  I was continually harassed by other employees because I had a very high production rate and I was always working, instead of standing around talking.  In 3 years I went from a trainee to a full time group leader earning top pay (all the other group leaders had at least 10 years).  The company wanted to pay me more, but couldn't due to union rules.  In my current job (no longer in a union) I am very well compensated for my abilities.My point is two fold.  1. Companies don't want to pay more than they have to especially when people aren't doing their best. 2. Slackers tend to make it worse for those who do actual work.As for drug testing you can thank the litigious society we live in.  A company has to worry about law suits and if you are using drugs, and driving a fork truck running over someones foot the company is going to get sued (because they have the deep pockets).  The company knows (as research shows) that using drugs reduces awareness and response times for 18 hours to several days after use, which increases the chance for an accident.  Therefore they require you to pass drug screening to reduce their liability in case of an accident.Slaves have no choice but to work for their owners.  In nearly all cases you are free to leave your employer at any time you like, so you are NOT a slave.The real workforce problem is, at least in the U.S., we have lost the need for highly skilled workers, because many of those jobs are now overseas.  Since workers have few skills (and most jobs don't require skills) and there are few 'dangerous' jobs they can not command a price and end up working for something near minimum wage.That is why education and a strong work ethic are so important.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392901]]></guid>
        <dc:creator><![CDATA[tech@...]]></dc:creator>
        <pubDate>Wed, 01 Dec 2010 05:59:59 -0800</pubDate>
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    <item>
        <title><![CDATA[Transition to Slavery]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392257]]></link>
        <description><![CDATA[This behavior is part of what I like to refer to the &quot;Transition to Slavery&quot;. We were once workers who had rights. NOT ANY MORE! Now the Employer &quot;owns&quot; the worker 24/7. There are many other very similar things occurring in our times. An example of such a practice is that in many driving jobs (and all Walmart jobs) an employee can be fired for testing positive for THC metabalites. Since these metabalites can be detected in a urine test for up to 30 days after using marijuana a driver (or Walmart employee) can lose their job because they used marijuana 3 OR 4 WEEKS AGO! Is this not slavery? How is this not slavery when the person is no longer under the influence of the substance? Anyone who has ever used marijuana knows very well that the high does not last for days. And Walmart does not allow their employees to use Medical marijuana anywhere even in states where it is legal. (http://www.huffingtonpost.com/2010/06/29/joseph-casias-walmart-fir_n_629813.html)When your employer behaves as if they &quot;own&quot; you YOU ARE A SLAVE!]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392257]]></guid>
        <dc:creator><![CDATA[Will Munny]]></dc:creator>
        <pubDate>Tue, 30 Nov 2010 07:49:11 -0800</pubDate>
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    <item>
        <title><![CDATA[correct, within parametars]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392206]]></link>
        <description><![CDATA[Yes, companies do have laws that need to be followed, I do not question that.  The point I am making is that a company is not held to the same standard as the federal government.  The first amendment guarantees you freedom of speech, but if you are a walmart employee, and you bad mouth walmart (bite the hand that feeds you) you will probably get fired (the hand will choose not to feed you any more).Just like you can choose who to let into your home a company can, and should, be allowed to chose the types of people that they wish to hire / fire (within the guidelines set down in the laws).  If you are working in an at will state, technically they don't need to tell you why they are letting you go.  They may need to prove they let you go without violating laws, but they have no obligation to even tell you why you are being let go.  Sure there are regulation for equal pay, discrimination . . .  but a company, within those guidelines, may still choose to hire or fire you based on performance, attitude, making slanderous or libelous remarks . . .If I tell you you are welcome in my house but you may not speak ill of me or my son and you later do, I may certainly throw you out of my house.Likewise a restaurant may choose not to serve you for various reasons. An employer may choose whom they wish to employ.  If a company says you may not speak ill of the company in a public forum (i.e. social networking) and you do, they most certainly have the right to fire you.  After all if I call the boss an idiot (and string of other expletives) how can the boss, or company, possibly think I will give 100% for them while I am on the clock?  If you aren't giving them 100% then they have every right to let you go.Frankly, in my opinion, if you are unhappy with your boss or your company, and you are un-willing to confront them directly to seek resolution, you should quit, find a job, boss, company you do like and get yourself out of a bad situation.Have I ever had less than flattering things to say about my boss?  Sure I have, though I am normally straight forward with my boss about it. If I do say something it is to a close friend who will keep my confidence and not in a public forum.In my opinion it is morally wrong to talk about people behind their back, and it is certainly wrong to do so in a public forum.As I said before actions have consequences, that is a fact of life.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392206]]></guid>
        <dc:creator><![CDATA[tech@...]]></dc:creator>
        <pubDate>Tue, 30 Nov 2010 06:35:16 -0800</pubDate>
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    <item>
        <title><![CDATA[It's your life]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392197]]></link>
        <description><![CDATA[I am not a lawyer, but I have taken enough business law classes to know employment law here in the United States.  And I have relatives that are both union and non-union personnel who have lived the stories, so I have personal experience.  I gave you a place to find the &quot;proof&quot;, yet you spurn that and then accuse me of personal attacks.  &quot;Antagonistic&quot; is a characterization of your behavior on this forum meaning that you seek arguments for the sake of the argument rather than to put forth any kind of solution.You are welcome to be bitter and complain about how this world owes you something, but that's a pathway to misery - not to peace and happiness.  It's impossible to take control of your own life while playing the victim.  It's a very lonely road, and I encourage you to take the first available exit.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3392197]]></guid>
        <dc:creator><![CDATA[blarman]]></dc:creator>
        <pubDate>Tue, 30 Nov 2010 06:21:53 -0800</pubDate>
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        <title><![CDATA[RE: Another firing over Facebook comments: Lawsuit pending]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3391623]]></link>
        <description><![CDATA[Greetings. Like General DeGaule reportedly told Algerians wanting their independence right NOW and the French wanting Algeria to remain or become an extension of France: &quot;I understand you&quot;, I would say to those those who defend the firing and those calling it &quot;censorship&quot;, I understand you. However, whenever we face a situation like this one, it seems wiser that we approach with caution. What do you do when someone attack you and throw sand into your eyes? Do you blindly counterattack like a bull, or do you first try to clear your eyes, ensure that you can see before responding to the attack? A few observations worth making:(1). An employee at a private organization is not a congresswoman. Even House Representatives and Senators have their own &quot;internal rules&quot; they are required to follow. And I think that anyone who breaks these rules can be subjected to some kind of sanction.(2). Freedom--and with it, freedom of speech does not mean &quot;anarchy&quot;. Now, a few questions I would like the experts to answer if they please and choose to:(1). What does the Constitution say relative to our Freedom of Speech and the rights and responsibilities of employers and their employees?(2). Had Ms. Souza used all the avenues offered by her employer before posting these &quot;disparaging remarks&quot; on Facebook? If yes, what was the documented outcome?I do not know anything about the case other than what I read here (I am quoting the section that most strikes me): &quot;After a dispute with her supervisor, Souza, on her own time and not at work, posted disparaging remarks about him on her Facebook page. Some of her coworkers then posted comments supporting Ms. Souza?s criticism of the supervisor. American Medical then fired Ms. Souza because she violated company policy against depicting the company in any way on social media websites without permission&quot;.If I must take the above comments a face value, it appears that Ms. Souza had an argument (a dispute) with her supervisor and, subsequently using &quot;her own time&quot; posted disparaging remarks on her Facebook about her supervisor.OK, the issue here should not be whether she used her own time or not. I think that there is a special context here. Here is how I see the situation:(1). Ms Souza knew about the company's policy. It is likely that she may have signed the policy document (she would have  strong case though, if her employer never had her sign the policy document).(2). Not withstanding her knowledge of the company's policy, she decided to post &quot;disparaging&quot; comments about her &quot;employer&quot; (remember, in this case, it is no longer about the &quot;supervisor&quot; but the &quot;business entity&quot;), a corporation on a public forum. It might look like in so doing, Ms. Souza had shot her own foot. Because such negative comments are likely to cost any business its reputation and subsequently, customers.I honestly doubt if Ms. Souza and the Union have a strong case here. I also doubt if this can fit into the frame of whistle blowing policy. Even then, Ms. Souza may need to to provide a factual evidence that she had brought the case to the attention of her supervisor, the supervisor or her supervisor, and the company's EEO before going public.Bottom line is, as employees, we have obligations and rights. As long as you work for a company, you are bound by the company's body of policies are are expected to abide by these policies even in a situation where you may feel a victim of some mistreatment. You have the right to (1) use the company's internal complaint resolution mechanism, (2) quit and (3) take a legal action. Burt going out to publicly trash the company that pays you before you quit is reckless, professionally immature and unwise.I am not condoning censorship. What I am suggesting is that people use professionalism, wisdom and/or caution whenever they find themselves in such a situation. At best, seek advice before undertaking any potentially costly action. Never mix politics and your employment.Like a British saying goes, at best &quot;look, before you leap&quot;.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3391623]]></guid>
        <dc:creator><![CDATA[jperick.mbei@...]]></dc:creator>
        <pubDate>Mon, 29 Nov 2010 05:42:14 -0800</pubDate>
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        <title><![CDATA[Dang!...HA!...]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390801]]></link>
        <description><![CDATA[Glad I didn't learn forking in Chicago!! HA! ]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390801]]></guid>
        <dc:creator><![CDATA[JCitizen]]></dc:creator>
        <pubDate>Thu, 25 Nov 2010 21:08:30 -0800</pubDate>
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        <title><![CDATA[Facts]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390517]]></link>
        <description><![CDATA[Where in the article does it say that she defamed the company?  There is nothing I can see about her claims being false, or directed toward anyone other that an individual - her immediate boss - not the company.Please try to reply with a reasoned argument, and not just name calling.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390517]]></guid>
        <dc:creator><![CDATA[radleym]]></dc:creator>
        <pubDate>Thu, 25 Nov 2010 06:48:53 -0800</pubDate>
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    <item>
        <title><![CDATA[Yes, you found a friend.]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390513]]></link>
        <description><![CDATA[Since you've abandoned rational argument to the point of the article in favour of just calling names, I guess I'll have to admit that you're the winner, and retire from the field.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390513]]></guid>
        <dc:creator><![CDATA[radleym]]></dc:creator>
        <pubDate>Thu, 25 Nov 2010 06:35:58 -0800</pubDate>
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    <item>
        <title><![CDATA[Sorry]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390511]]></link>
        <description><![CDATA[I see from your profile that you are indeed a lawyer, and bow to your superior knowledge.Am I antagonistic because I asked for some proof of a bald, unsupported statement?Guilty.  (oops, that's a legal term, isn't it?  I'll leave it to you).By the way, I at least refrained from personal insults.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390511]]></guid>
        <dc:creator><![CDATA[radleym]]></dc:creator>
        <pubDate>Thu, 25 Nov 2010 06:31:18 -0800</pubDate>
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    <item>
        <title><![CDATA[Lost me again]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390499]]></link>
        <description><![CDATA[What the heck are you on about now??  Kid's soccer??You'd probably be surprised to hear that I ha  te that crap, too.But you've already pegged me, eh?How about a reasoned argument to the point, instead of kneejerk extremism.  Black and white may be simpler, but the world really doesn't work that way.And for God's sake, loosen up!]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390499]]></guid>
        <dc:creator><![CDATA[radleym]]></dc:creator>
        <pubDate>Thu, 25 Nov 2010 06:20:32 -0800</pubDate>
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    <item>
        <title><![CDATA[Sorry?]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390497]]></link>
        <description><![CDATA[Ah, so you've &quot;recognized my pattern&quot;.  Now you can cubbyhole me and dismiss my arguments.  Good tactic!Who said anything about a business model??What does &quot;I'm to TRYING to be hard ...&quot; mean?Facebook is nothing but a communications framework that incorporates multimedia.  Do you think the phone is evil, too?  Why shouldn't people use it to keep in touch, aside from your personal antipathy?Stating that businesses are within their &quot;rights&quot; to fire anybody, anytime without cause, while it doesn't specifically state that employees don't have many rights, it certainly implies it pretty strongly.I agree that labour rights differ from Canada to the US, with the US tougher on employees.  That doesn't mean employees don't have the right to redress what they consider unfair.But you knew I was going to say all this, didn't you, having recognised my &quot;pattern&quot;.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390497]]></guid>
        <dc:creator><![CDATA[radleym]]></dc:creator>
        <pubDate>Thu, 25 Nov 2010 06:12:09 -0800</pubDate>
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        <title><![CDATA[Thanxx! If I ever lose my IT job, I'll write one...]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390304]]></link>
        <description><![CDATA[... before I take the forklift training and become a forklift driverhttp://www.youtube.com/watch?v=8-sUy9eiO0khttp://www.youtube.com/watch?v=j8ZCZsVR2CU]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390304]]></guid>
        <dc:creator><![CDATA[jkameleon@...]]></dc:creator>
        <pubDate>Wed, 24 Nov 2010 16:34:45 -0800</pubDate>
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        <title><![CDATA[... or if I'd bothered to read your other posts...]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390301]]></link>
        <description><![CDATA[... which I don't.]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390301]]></guid>
        <dc:creator><![CDATA[jkameleon@...]]></dc:creator>
        <pubDate>Wed, 24 Nov 2010 16:31:12 -0800</pubDate>
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        <title><![CDATA[Nobody has attempted to control her actions]]></title>
        <link><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390178]]></link>
        <description><![CDATA[But she must be responsible for the consequences of her actions.  She wasn't fired for using Facebook on her own time, she wasn't fired for speaking her mind on her free time, she was fired for defamation.If you work for me and then post a sign outside your house or in a newspaper saying I suck, you are free to do so as you choose.Do you REALLY think you will have a job in the morning though? Do you think you DESERVE to have a job in the morning?]]></description>
        <guid><![CDATA[http://www.techrepublic.com/forum/discussions/102-338437-3390178]]></guid>
        <dc:creator><![CDATA[Oz_Media]]></dc:creator>
        <pubDate>Wed, 24 Nov 2010 12:46:27 -0800</pubDate>
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