UPDATE:  A year ago we posted the alert reproduced below discussing a decision by an NLRB Administrative Law Judge (ALJ) in a case involving a termination which was based on the former employee's Facebook postings. The pro-employer decision subsequently was appealed to the full NLRB, and the ALJ 's decision was affirmed in all respects yesterday.  

In a close decision that turned entirely on the facts, it was held that a car salesman was fired because of his non-protected Facebook postings, not because of his postings discussing his and other employees' concerns about their work conditions, which were considered to be protected, concerted activity. The NLRB also affirmed the ALJ's findings that certain rules of the employer were unlawful because they could reasonably be interpreted to chill employees in the exercise of their right to engage in union activities or other protected, concerted activities.  

Again, for more details on this decision, please click here.

For questions relating to this or any other NLRB-related matters, please contact Bill Trumpeter, or any member of our Labor & Employment law Practice Group.

The opinions expressed in this bulletin are intended for general guidance only. They are not intended as recommendations for specific situations.  As always, readers should consult a qualified attorney for specific legal guidance.  Should you need assistance from a Miller & Martin attorney, please call 1-800-275-7303.