Tag Archives: Facebook

Credible threats of insubordinate activity could override NLRA protections for employees’ Facebook postings.

No profanity pleaseA few months ago, the National Labor Relations Board (the Board) determined that an employee’s profanity-laced tirade did not lose the protection of the National Labor Relations Act (NLRA), because the tirade followed the employer’s statement that if the employee didn’t like his job, he could quit. Recently, however, the Board found that a Facebook … Continue Reading

Family squabble leads to “Facebook firing,” and to dismissal of plaintiff’s case.

The line of “Facebook firing” cases is growing longer every month. In October, the Seventh U.S. Circuit Court of Appeals upheld summary judgment in an unpublished opinion in which an individual claimed gender discrimination after he was fired from his job as a daycare center worker. According to the employer, the firing was based on … Continue Reading

Expression of “personal contempt” in Facebook group message did not constitute protected concerted activity.

By now, most employers are aware of a number of “Facebook Firing” cases, in which individuals who were fired for Facebook postings have been reinstated after the National Labor Relations Board (NLRB) found the postings to have been “protected concerted activity” under the National Labor Relations Act (NLRA). However, on May 8, 2013, an NLRB … Continue Reading

Facebook postings showing misuse of FMLA leave can form sufficient legal basis for termination.

Based on the number of “Facebook” decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National Labor Relations Act, the postings can be legally protected. However, the NLRA is not the only federal law that can be implicated in … Continue Reading

Termination for Facebook posting does not violate state invasion of privacy law.

Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee “concerted activities” aimed at discussing or improving working conditions, and precludes interference with such communications, including online messages. However, individuals also have brought other legal … Continue Reading

NLRB is finding ways to implement its Employee Rights Notice posting, in spite of legal challenges.

On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a Facebook posting. But it also found a way to include its Notice of Employee Rights poster in the … Continue Reading

The NLRB takes its Internet battle to a non-unionized workplace.

On May 9, 2011, the National Labor Relations Board (NLRB) issued a complaint alleging that Hispanics United, a Buffalo non-profit that provides social services to low-income clients, violated the National Labor Relations Act (NLRA) when it fired five employees after they used Facebook to criticize working conditions. This complaint comes on the heels of two … Continue Reading

Facebook posts might be viewed by NLRB as “concerted activity”

Section 7 of the National Labor Relations Act (NLRA) restricts employers’ attempts to interfere with employees’ efforts to work together to improve the terms and conditions of their workplace and employment. The National Labor Relations Board (NLRB) regularly has held that an employer’s actions violate Section 7 if those actions would “reasonably tend to chill … Continue Reading
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