Media

You may have read about, or seen a news story on, a woman in Connecticut who was fired from her job for posting negative comments about her supervisor on her Facebook page. The National Labor Relations Board (“NLRB”) took exception to this and has filed suit against the woman’s employer. The NLRB is arguing that employees, whether unionized or not, have a right to talk about matters relating to the terms and conditions of their employment with other employees without fear of being fired or other reprisals. But is a post on Facebook akin to “water cooler” chat? If the NLRB has its way, the answer is yes, which should send shivers down employers’ spines.

As of the writing of this blog, the “Facebook Firing” case is on hold pending attempts to settle, but it highlights the growing concern about employee use of social media to talk about company matters. Given the proliferation of the use of Facebook, Twitter, Linked-In and any number of other social media tools over the past few years, it is crucial that employers establish electronic communications and social media policies that can serve as a guide for the proper, and responsible, use of these tools by employees both while at work, and after the work day is over.