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National Labor Relations Board & Social Media

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Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? AZ

I'm wondering what our learned HR experts think about this article? http://smallbusiness.yahoo.com/advisor/why-t-fire-employees-complaining-facebook-143016457.html

Here's an excerpt:

"What the NLRB determined late 2012 is that employees who utilize social media to criticize their employer or a co-worker are protected under the law if more than one employee participates. According to the act,

Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment.

In the case in question, two employees at the same business were in regular communication throughout their typical workdays. The first employee would often complain to the second employee about other employee’s performance. At one point, the second employee had heard enough and decided to vent her frustration on Facebook. She posted that this other employee “feels that we don’t help our clients enough at [the business]. I about had it! My fellow coworkers how do u feel?” The status was posted on her personal computer after hours, and four other co-workers, from their personal computers, posted comments and Liked the status. They were summarily fired by the company."
 


tranquility

Senior Member
Unless an appeal is had to change the ruling, any decisions by the NLRB since January 2012 seem to have a likelihood of being declared void.

http://www.nrtw.org/en/blog/dc-appeals-court-orders-nlrb-respond-prohibition-writ-02222013
 
W

Willlyjo

Guest
What is the name of your state (only U.S. law)? AZ

I'm wondering what our learned HR experts think about this article? http://smallbusiness.yahoo.com/advisor/why-t-fire-employees-complaining-facebook-143016457.html

Here's an excerpt:

"What the NLRB determined late 2012 is that employees who utilize social media to criticize their employer or a co-worker are protected under the law if more than one employee participates. According to the act,

Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment.

In the case in question, two employees at the same business were in regular communication throughout their typical workdays. The first employee would often complain to the second employee about other employee’s performance. At one point, the second employee had heard enough and decided to vent her frustration on Facebook. She posted that this other employee “feels that we don’t help our clients enough at [the business]. I about had it! My fellow coworkers how do u feel?” The status was posted on her personal computer after hours, and four other co-workers, from their personal computers, posted comments and Liked the status. They were summarily fired by the company."
Looks to me like since more than 2 employees used the social media to complain about an employer and they were subsequently fired, they were wrongfully terminated under the determination held by the NLRB.
 

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