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#2153825 - 11/16/17 10:20 AM Re: Firing employee for social media ACBbank
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Even though it's a right to work state, based on the fact that the company apparently fired a woman for posting something "obscene" when they simply told a man to remove a comment that would be far more offensive to some, she might have a case.

However, I think her attorney would say that even if they can prove gender based discrimination they are still going to have an issue in proving damages; i.e. her firing has generated:
* several job offers,
* more than $100,000 in non taxable gifts via "Go Fund Me," and
* notoriety which she has accepted rather than spurned.

The company is still taking a daily beating...

Again, employers who attempt to control an employee's social media open Pandora's box.
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In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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Human Resources
#2154660 - 11/22/17 06:34 PM Re: Firing employee for social media Elwood P. Dowd
Always In Training Offline
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Joined: Jul 2006
Posts: 1,115
Where the Green Grass Grows
How the the gofund me fund non-taxable? My friend's daughter had leukemia and generated big bucks from GFM and it was taxed and the medical bills - and they were in a worse place than if the GFM hadn't existed. She's anti-GFM now. - I know that 's anecdotal, but I'm confused why it would be tax free for one person and not the other (not withstanding organizational tax status).

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#2154683 - 11/22/17 08:39 PM Re: Firing employee for social media Always In Training
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Section 61 of the IRC defines " gross income." It does not include gifts.

Gifts to benefit a specific person are not deductible by the donor regardless of circumstances, but they are not taxable to the recipient either.

The fact that the recipient will receive a 1099K does not establish that the payments are taxable. One of many articles. Your friend might do well to discuss the situation with a CPA or tax attorney who is willing to do some digging.
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In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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#2154697 - 11/22/17 10:12 PM Re: Firing employee for social media Elwood P. Dowd
Inherent_Risk Offline
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Joined: Jan 2017
Posts: 574
Be careful. just because it's not listed in section 61 doesn't mean it's not income. But in this case, Ken is absolutely right, section 102 of the IRC specifically excludes gifts. https://www.law.cornell.edu/uscode/text/26/102

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#2154712 - 11/23/17 02:34 PM Re: Firing employee for social media Inherent_Risk
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Always,

Send the CPA article linked in my earlier post to your friend and suggest she consult a qualified attorney or CPA who is willing to do a small amount of work. Tax returns for prior years can be amended and refunds can be issued. What would it hurt to at least try?
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In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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