Employee’s Termination for Facebook Posting Results in Claimed Violation of NLRA

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Employers beware: firing an employee for bad-mouthing the boss on social media may violate the National Labor Relations Act, even for a non-unionized employer.

The National Labor Relations Board just lodged a complaint against a Connecticut ambulance company alleging, among other things, that it unlawfully fired an Emergency Medical Technician for violating a policy that prevented her from depicting the company “in any way” over the internet without the company’s permission and from making disparaging remarks when discussing the company or its supervisors. The Board said the employee’s exchange of Facebook posts with co-workers constituted protected concerted activity, and firing her for those posts was a violation of the Act. The Board also accused the ambulance company of maintaining and enforcing an overly broad blogging and Internet posting policy that unlawfully infringed on its employees’ NLRA rights.

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