Legal Alert: NLRB Settles Charge Claiming Employee was Fired for Facebook Post

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The National Labor Relations Board (NLRB) has settled an unfair labor practice charge it filed in October 2010 against an ambulance service claiming the company discharged an employee for making disparaging comments about her supervisor on her Facebook page. The Board claimed this violated the employee's right to engage in protected concerted activity under the National Labor Relations Act (NLRA). The Board also claimed the company's social media policy was overly broad and interfered with its employees' right to engage in protected concerted activity. See In re American Medical Response of Connecticut, Inc., Case No. 34-CA-12576 (filed October 27, 2010).

The employee was asked to prepare a response to a customer's complaint about her work. The Board claimed the employee was unhappy because the company refused her request to have a union representative help her prepare the response. Later, the employee posted negative comments about her supervisor on her Facebook page from her home computer. Co-workers who viewed her page posted comments supporting the employee and criticizing the supervisor.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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