Social Media, NLRA, Termination

How Do I Keep Departing Employees from Disparaging My School? A Proactive Approach

Fisher Phillips on 12/7/2022

Employees often leave schools unhappy — either because they were not satisfied with the work or were terminated involuntarily. More and more often, these departing employees take their grievances to social media and make...more

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

Lowenstein Sandler LLP on 5/24/2022

Last week the New Jersey Appellate Division affirmed the dismissal of a lawsuit by an employee who alleged she had been wrongfully terminated based on her controversial Facebook post. In so doing, the court held that the...more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Facebooking Misappropriated Employer Form Is Not Protected Activity

Sherman & Howard L.L.C. on 7/18/2018

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

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on 11/3/2017

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Q And A On The Recent Controversy

Constangy, Brooks, Smith & Prophete, LLP on 8/11/2017

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

“Tantrums” Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech

Pillsbury - Internet & Social Media Law Blog on 6/9/2017

Whether or not your friends and family get a kick out of your misery at work, that online post of yours might tick off your employer. But what rights do employers have to restrain their employees from complaining about them...more

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

Orrick - Employment Law and Litigation on 5/5/2017

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

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

Kelley Drye & Warren LLP on 4/27/2017

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

Profane Facebook Message Protected Under The NLRA

Saul Ewing LLP on 4/26/2017

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

Employment Law - April 2017

Manatt, Phelps & Phillips, LLP on 4/14/2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

#Fired: Post a Tweet, Lose Your Job

FordHarrison on 8/23/2016

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Morrison & Foerster LLP - Social Media on 11/24/2015

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more

Employment Law - November 2015

Manatt, Phelps & Phillips, LLP on 11/13/2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

Discipline Based on Social Media Activity – An Update

Zelle LLP on 11/6/2015

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Facebook “Like” Protected Speech Under the NLRA

Hinshaw & Culbertson LLP on 10/29/2015

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

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

Mintz - Employment, Labor & Benefits... on 4/29/2015

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...more

NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity

Proskauer - Labor Relations on 11/6/2014

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the...more

NLRB Upholds Employee Terminations for Facebook Rant

Bradley Arant Boult Cummings LLP on 11/4/2014

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

NLRB “Unfriends” Employer Over Facebook “Like”

BakerHostetler on 9/4/2014

On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case...more

Some Firings Based on Social Media Use May Be Okay

Pillsbury - Internet & Social Media Law Blog on 11/18/2013

In early November, an administrative law judge of the National Labor Relations Board dismissed a complaint filed against an employer, finding that the employer did not violate the National Labor Relations Act by withdrawing...more

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

Mintz - Employment, Labor & Benefits... on 4/9/2013

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

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

Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace

Akerman LLP - HR Defense on 3/21/2013

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2013

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

Social Media › The National Labor Relations Act › Termination

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