News & Analysis as of

Facebook Termination Protected Concerted Activity

Sherman & Howard L.L.C.

Facebooking Misappropriated Employer Form Is Not Protected Activity

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

Dorsey & Whitney LLP

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

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Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Saul Ewing LLP

Employee’s Facebook Post Crossed the Line

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Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain...more

Orrick - Employment Law and Litigation

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

Kelley Drye & Warren LLP

Now You, Too, Can Call Your Boss a Nasty Motherf****r

Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more

Cole Schotz

Employers Beware: Facebook Posts May Not Be Enough to Fire Employees

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On Friday, April 21, 2017, the Second Circuit affirmed a National Labor Relations Board (“NLRB”) ruling, which found that Pier Sixty, LLC (“Pier Sixty”) violated the National Labor Relations Act (“NLRA”) when it terminated...more

Saul Ewing LLP

Profane Facebook Message Protected Under The NLRA

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Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

Hinshaw & Culbertson LLP

Facebook “Like” Protected Speech Under the NLRA

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We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

Robinson & Cole LLP

NLRB determines vulgar Facebook posts protected concerted activity

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The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

Laner Muchin, Ltd.

NLRB Judge Rules Facebook Chatter Was Concerted Activity, But That Conduct Was Egregious Enough To Justify Employees' Termination

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A National Labor Relations Board (NLRB) administrative law judge recently held that while two employees’ Facebook discussions were concerted activity under the National Labor Relations Act (NLRA), the particular conduct at...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

Patterson Belknap Webb & Tyler LLP

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

Pierce Atwood LLP

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

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Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

Foley Hoag LLP

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

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The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more

Ballard Spahr LLP

NLRB Sides with Employees Fired over Facebook Posts

Ballard Spahr LLP on

In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in...more

Littler

NLRB Rules Employer’s Termination of Non-Union Employees for Facebook Posts Violated NLRA

Littler on

In another decision that affects non-union as well as union employers, the National Labor Relations Board recently ruled that comments posted on Facebook are protected in the same manner and to the same extent as comments...more

McNees Wallace & Nurick LLC

Board Affirms Decision Ordering Reinstatement Of Employees Terminated For Facebook Comments

On September 20, 2011, we reported on Hispanics United of Buffalo, Inc., the first National Labor Relations Board Administrative Law Judge decision examining an employee's discharge for social media activity. Recently, the...more

Franczek P.C.

National Labor Relations Board Adds To Facebook Jurisprudence; Finds Posts To Be Protected, Concerted Activity

Franczek P.C. on

The National Labor Relations Board issued its first social media decision in September. Last week, the NLRB issued another social media decision in a case involving employees’ Facebook comments and an employer’s right to...more

Miller Canfield

NLRB: Discharging Non-Union Employee’s for Facebook Posts Violated NLRA

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In September 2011, we alerted you to the decision in Hispanics United of Buffalo, a decision by a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) examining an employer’s termination of employees because...more

Mintz - Employment, Labor & Benefits...

NLRB: Employees' Facebook Comments Are Protected Concerted Activity

The National Labor Relations Board’s closed out an already busy year addressing social media’s impact on employee rights in non-unionized workplaces (see our prior related blog entries here, here, here, and here) with yet...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Termination for Facebook Posting Does Not Violate State Invasion of Privacy Law

Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more

Bracewell LLP

To Post or Not to Post – Are All Employee Facebook Comments Protected Under the NLRA?

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On September 28, 2012, the National Labor Relations Board (“NLRB”) issued its first decision involving an employee fired because of a Facebook post. In this decision, the NLRB sided with the employer and held that the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The NLRB’s Latest on Facebook Firing Creates More Questions For Employers

By now most of us have learned about the decision issued last Friday, September 28, by the National Labor Relations Board (NLRB or Board) in Karl Knauz Motors, Inc. d/b/a Knauz BMW, the Board’s first true foray into a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Is Finding Ways To Implement Its Employee Rights Notice Posting, In Spite Of Legal Challenges

On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a...more

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