Case Study On Facebook Terminations
An employee was discharged lawfully after posting negative comments on Facebook critical of patient care, because the employee’s postings were merely an expression of individual gripes, as opposed to protected concerted activity. In this case, at least several coworkers responded to the posting; however, their messages reflected that the posting was individual and not group activity.
The NLRB also rejects a policy requiring company approval for employees to identify themselves as employees on social networking sites or requiring the employees to state that their comments are their personal opinions and do not necessarily reflect the employer’s opinions. Not surprisingly, the NLRB also found it is unlawful to discharge any employee pursuant to an overbroad social media policy prohibiting disclosure of private or confidential information of another employee because the policy did not provide guidance on what the employer considered confidential.
This is how I feel it was unfair labor …show more content…
The NLRB’s recent report provides helpful guidance to employers not wishing to become potential NLRB cases, including the following:
• Communications that are not concerted are generally not protected. However, the cases highlight that a finding of concerted activity might turn on evidence not readily available to the employer, so caution is warranted.
• Communications that are concerted (i.e., that are not merely an individual gripe) on matters of mutual concern to employees are likely to be found to be protected by the NLRA.
• Communications that are protected do not become unprotected simply because the comments are communicated via the Internet and/or because they might be read by nonemployees as