DISCHARGED FOR FACEBOOK COMMENTS CASE 8-1 P.377
The National Labor Relations Board’s most recent decision demonstrates that not all employee social media posts are protected by the National Labor Relations Act. Questions remain, however, about the extent to which employees can be disciplined over social media activity We can expect the NLRB to continue to address the topic of employee rights as they relate to social media. Employers should review their employee handbooks and employment policies to ensure compliance with the NLRA and the NLRB’s jurisprudence. Employers should also consider training managers about permissible and prohibited conduct under the NLRA. Finally, employers should consider conducting their own education programs, including reminding employees of social media policies. 1. DOES AN EMPLOYEEE HAS ANY LEGAL RIGHT TO DESCIPLINE OR DISCHARGE AN EMPLOYEE OVER COMMENT ABOUT THE COMPANY? In my opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) determines that the comments were concerted activity protected by the National Labor Relations Act (NRLA or Act). This latest decision reinforces that employers must exercise caution before terminating or disciplining employees as a result of their comments on social media. The answer is no. Employers should take note of the NLRB’s continued focus on social media policies and its view of social media activity as akin to water cooler conversation. The decision should prompt all employers to evaluate their policies regarding employee social media usage and speech outside the workplace. Employers should also train supervisory personnel on how to respond to the increased use of social media.
2. would you willing to settle the charges voluntarily; would you do so or insist on legal right to a formal NLRB HEARING ON THE CHARGES? I would insist on my legal right to a formal hearing with the NLRB. The NLRB’s main concern is that any...
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