By: Dean F. Falavolito, Esq.
When the National Labor Relations Board (NLRB) filed suit against an employer in November of 2010 for terminating an employee as a result of her complaints about the employer on Facebook, other employers around the country took notice. The NLRB’s position was that her comments were “protected concerted activity,” which(under the National Labor Relations Act) allows employees to discuss the terms and conditions of their employment with co-workers and others.
Therefore, this firing had the potential to affect all employers, whether or not they had unions in the workplace. The fact that this case quickly settled without leading to any binding precedent can be seen as a positive for employers, but it still serves as a word of caution to any employer considering taking action against an employee for postings on social media.
Click here for the Feb. 8 Wall Street Journal article detailing the settlement.
If you have a question for Dean or would like to make a comment on the issues discussed in this update, please email SocialMedia@burnswhite.com.