A federal Appeals Court once again ruled in favor of an employee who fired off a string of obscenities aimed at his employer on Facebook. The Court found that the employee’s termination was wrongful because his rant constituted “concerted activity” under the National Labor Relations Act. This has been a murky and changing area of law, but the Court’s latest decision sheds some light on it.
Because of the ambiguity, and the overall employee-friendliness of the NLRB over the last several years, we have been advising clients to be extremely careful about disciplining employees for anything work-related they say on social media.
For more information on the NLRA, NLRB, or social media, contact us anytime.