NLRB Rules Employers Cannot Fire Employees for Facebook Commentary

7:49 pm Business Planning

Facebook icon 150x150 NLRB Rules Employers Cannot Fire Employees for Facebook CommentaryThe National Labor Relations Board has ruled that employers cannot fire employees for using Facebook or other social media networks to complain about their jobs, according to a Forbes story.

The case involved a Buffalo, N.Y. non-profit that fired five employees for using Facebook to make disparaging remarks about a co-worker’s complaint regarding her workload.  The co-worker sent the messages to a supervisor, who fired the workers for violating the company’s social media policy banning online harassment of co-workers.

The NLRB ruled that the Facebook discussion fell within the confines of protected conversation regarding working conditions.  The judge said that the employees’ Facebook comments were considered “protected concerted activity” under the National Labor Relations Act.

This is the second NLRB case involving Facebook posts that resulted in employee termination; earlier this year, a court settled another complaint citing the same right in a Connecticut case after an employee made negative comments about her boss on Facebook.

Social media has not only changed the landscape of our personal lives, but our work lives as well.  If you are a California employer, your policies must reflect current state and federal employment law.

If you are a California small business owner, our law firm can help you protect yourself and your business from legal judgments and claims. Call us today if you have questions regarding business liability issues.

Let our Costa Mesa law offices help you get started by contacting us today.

Leave a Comment

Your comment

You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Please note: Comment moderation is enabled and may delay your comment. There is no need to resubmit your comment.