personal injury - employment law - commercial litigation
Recent Social Media Workplace Ruling:
I have written in the past how disciplinary action taken against employees based upon their Facebook posts concerning the employer may result in violations of the National Labor Relations Act.
In a recent decision, the National Labor Relations Board found that a nonprofit hospital service company employing nurses and emergency medical technicians did not violate the Act when it fired an employee who posted statements critical of paramedics who responded to a Washington D.C. shooting.
The employee posted the critical statements which were visible to her Facebook “friends.” None of the members of the employer’s management were amongst the employee’s “friends” although many co-workers were. One of those co-workers took a picture of the post and sent it to a manager. The manager ultimately suspended the employee and the employee filed a complaint with the Board. After reviewing the evidence, the Board found the employer had not violated the Act.
The Board also found that there was no privacy violation because the post was sent, unsolicited, to management.
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