Think You Can Fire Employees Based Upon Their Facebook Comments? Think Again...

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In the most recent chapter on social media and the law, the National Labor Relations Board (“NLRB”) recently filed a complaint against American Medical Response of Connecticut, Inc. (“AMR” or the “Company”), claiming that the Company violated federal labor law when it disciplined and then terminated an employee who posted disparaging remarks about her supervisor on her Facebook page.

In In re American Medical Response of Connecticut, Inc., Case No. 34-CA-12576 (October 27, 2010), the NLRB filed an unfair labor practice charge against AMR, asserting that the Company’s suspension and termination of an employee who posted disparaging comments about her supervisor violated Section 7 of the National Labor Relations Act (“NLRA”), which protects unionized and non-unionized employees’ rights to “engage in concerted activity.” According to the Complaint, the employee requested union representation in response to a performance critique and the supervisor then allegedly threatened the employee with discipline. Later that day, the employee posted disparaging remarks on her Facebook page about her supervisor from the employee’s home computer.

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