Employees LOL at Boss on Facebook & OMG U Can’t Do Anything!
14th November 2010 · 0 Comments
Melissa Roush
Making fun of the boss and complaining about work was reserved for the water cooler, now it has spread to Facebook, My Space, Twitter and the like. What may have occurred in the workplace has taken on a whole new meaning, as an employee’s rants about work on the internet are available for the world to see and impacts the marketability, branding and the perception of customers and prospective customers. In other words, it impacts the bottom line $$$. Employers have responded to the advent of social media, probably with attorneys whispering in their ear, with policies and procedures regarding acceptable and unacceptable uses of social media relating to the workplace. Violations of social medical policies and procedures could lead to reprimands, including possible termination. Problem solved-right? WRONG!
The National Labor Relations Board has filed a complaint and set a hearing against the American Medical Response of Connecticut alleging unfair labor practices regarding an employee who alleges she was terminated for criticizing her supervisor on Facebook. According to the Board this constitutes “protected concerted activity” under the National Labor Relations Act. A hearing has been set for January 2011 before an Administrative Law Judge. This ruling will likely have a ripple effect across the country and could lead to claims of unfair labor practices by employees who are reprimanded or terminated as a result of off work activity on Facebook or another social media sites.
With only approximately 12% of the workforce in American unionized, many employers may not be taking notice of this lawsuit, but they should! The National Labor Relations Act prohibits employers from disciplining or otherwise retaliating against non-supervisory, non-management employees who engage in “concerted activity” for the purpose of “mutual aid and protection”. What many employers do not realize is the National Labor Relations Act covers both union and non-union employers. It restricts employers from disciplining non-supervisory or non-management employees for participating in “concerted activity”. That does not necessarily have to be a petition to form a union, it includes activity that is intended to improve working conditions or wages. Improving work conditions may include complaining about a supervisor on Facebook in the near future.
Employers need to revisit their social media policies to ensure they are not too broad, resulting in getting caught in the net of the NLRA and other privacy laws.
Melissa Roush is an employment law attorney in Austin, Texas who highly recommends an audit of your employment policies and procedures. The Federal Government is coming and they want more of your money–be proactive! Contact Melissa at (512) 523-8388 or melissa@msroushlaw.com
