This is an article about a recent case regarding social media….many companies refrain from having attorneys review e-Protocols. It is imperative, that you rethink this decision and let your attorney review them and your e-Policies that have been outlined in your employee handbook!
Settlement Reached in ‘Facebook Firing’ Case
A settlement has been reached in the case of an employee who claimed she was terminated for posting negative comments about a supervisor on her Facebook page. The case, which has drawn national media attention, could impact employers’ internet, blogging, or social media policies.
What Happened
The NLRB’s Hartford regional office filed a complaint that American Medical Response of Connecticut, Inc. (AMR) illegally terminated an employee for posting negative comments about her supervisor on her Facebook page. The complaint alleged that the company denied the employee union representation, and maintained and enforced an overly broad blogging and internet posting policy.
According to the employee, she was asked by her supervisor to prepare an investigative report after a customer complained about her work. She requested representation from her union, Teamsters Local 443, but was denied.
After work, the employee logged on to her home computer, and posted a negative comment about the supervisor on her Facebook page. The remark drew supportive responses from her co-workers, and the employee posted additional comments.
The employee was suspended and later terminated for her posts on Facebook, which violated the company’s internet policies. AMR claimed the termination was due, in part, to poor performance.
NLRB Investigation
During an investigation, the NLRB found that the company’s blogging and internet policy contained provisions that were unlawful, for example:
- Prohibiting employees from making disparaging remarks when discussing the company or supervisors
- Prohibiting employees from depicting the company in any way over the internet without company permission
The NLRB also found that the employee’s postings to the social media site constituted protected concerted activity.
Settlement Reached
AMR agreed to a settlement yesterday, a day before the hearing was scheduled.
According to the NLRB’s press release, R-2815, AMR agreed to:
- Revise its overly-broad rules to ensure that they do not improperly restrict employees from discussing their wages, hours and working conditions with co-workers and others while not at work
- Ensure that employees will not be disciplined or discharged for engaging in such discussions
- Ensure that employee requests for union representation will not be denied in the future and that employees will not be threatened with discipline for requesting union representation
The company reached a private agreement with the employee.
Impact on Employers
Since this area of the law is in its infancy, employers should be careful when creating and implementing an internet, blogging, or social media policy.
The settlement demonstrates that employers may be liable for an unfair labor practice if appear to interfere with discussions on social media sites, or take an adverse action because of them.
Finally, employers should consult with legal counsel before taking adverse action against an employee because of his or her posts on a social networking site.
