With the TV networks cancelling daytime Soap Operas left and right, it seems up to the NLRB to provide us with our daily dose of drama. As has been previously reported here and in countless other articles, the National Labor Relations Board (“NLRB”) has been closely scrutinizing employers’ decisions to terminate employees for posts on Facebook. Until very recently, that scrutiny has universally led to unfair labor practice complaints having been filed against the employers, claiming the terminations were a violation of Section 7 of the National Labor Relations Act (“NLRA”). Those cases have unceremoniously ended in settlement, without employers being able to obtain much guidance for the limits of future actions or gauge the cost and dangers associated with acting in response to employees’ Facebook rants. Employers were left to wonder whether all Facebook postings by employees would be considered protected activity by the NLRB.
Continue Reading LAW ALERT: As The Facebook Page Turns: The Continuing Drama Surrounding Employee Facebook Postings and the NLRA