Social Media Case Study

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1. The NLRB has made findings regarding the use of employee posts on Social Media sites to discipline or terminate those employees. Typically these cases occur when an employee posts “negative” information about their current employer or boss. Sometimes these are “public” and other times the employer uses “spies” or “fake friending” to see the Facebook page of the employee.
Find at least one case or article online regarding this topic, and briefly explain the facts of the case, and the determination of the NLRB as to whether the employee was properly or improperly disciplined or terminated as a result of their use of Social Media to complain about, criticize, or publicly bash their company or boss. Provide the citation to the article you discover. (Use the term “concerted activity” in your query or search to help you find one of these cases.) (20 points)
In an article obtained from the site NixonPeabody.com dated May 11, 2012, it appears three employees of a retail store were wrongfully fired because of Facebook discussions. The employees had made formal complaints about working late hours in a neighborhood where they did not feel safe. To their dissatisfaction, there was never a permanent resolution generated from the issue even with the owner involved. Obviously frustrated, the employees made posts on Facebook where they vented and made comments such as, “I’m physically and mentally sickened” (Devendra & Jackson). Once the company discovered the posts were made, they
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“The decision concluded that the Facebook comments were protected concerted activity because the postings were a continuation of the employees’ efforts to raise concerns about working late in an unsafe neighborhood” (Devendra & Jackson). The company, Betty Page, presented its case and fought to uphold their position that firing the employees was legitimate. However, the jury decided that Betty Page was not able to prove that they employees would have been fired had they not posted comments on Facebook. The NLRB ordered the company to award the former employees their jobs even if the positions no longer exist as well as back …show more content…
No company wants to be viewed as a bad place to work or have negative press published. I’d like to work for a major hospital such as Baylor or Children’s once I have completed my education and military career. I doubt either organization would want to be known for firing employees who are pleading their case for a safer work environment. This type of press could lead to less people wanting to work there or even patients not elected to receive care at the facility. Either way, both situations affect business. Not being able to recruit quality candidates limits productivity and efficiency and not acquiring new patients affects accounts

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