In what labor officials and lawyers view as a ground-breaking case involving workers and social media, the National Labor Relations Board has accused a company of illegally firing an employee after she criticized her supervisor on her Facebook page.What will the courts do with it? The ALJ hearing is set for January, so this will take a while. Meantime however employment-law firms are already warning their clients to tread lightly.
This is the first case in which the labor board has stepped in to argue that workers’ criticisms of their bosses or companies on a social networking site is generally a protected activity and that employers would be violating the law by punishing workers for such statements. * * *
Lafe Solomon, the board’s acting general counsel, said, “This is a fairly straightforward case under the National Labor Relations Act — whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that.”
That act gives workers a federally protected right to form unions, and it prohibits employers from punishing workers — whether union or nonunion — for discussing working conditions or unionization. The labor board said the company’s Facebook rule was “overly broad” and improperly limited employees’ rights to discuss working conditions among themselves.
(Post title must be sung to Beastie Boys tune.)