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After you have updated your stylesheet, make sure you turn this module off

Federal Appeals Court Rules in Favor of Employee Terminated for Obscene Facebook Posts About His Employer

by Horizon Payroll Solutions on June 14, 2017
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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. 

It has always been the case that griping about low pay, bad hours, or mean managers in the physical presence of a co-worker would qualify as "concerted activity" and be protected by the NLRA. (Reminder: the NLRA protects employees in both unionized and non-unionized environments.) However, the extent to which these protections apply to online or social media has been a moving legal target.

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.

Topics: Human Resources, General