Think You Can't Fire Over A Facebook Post? Think Again

Not to long ago I blogged about a woman fired over a post she made on her personal Facebook page. The National Labor Relations Board (NLRB) found that what she did was protected as concerted activity under the National Labor Relations Act. The protected act being her discussion of her workplace conditions.

What became concerning was the trend this case arguably started. Cases involving employees fired over Facebook posts literally began falling from the sky. And it almost seemed as if a post would need to surmount to a death threat before the NLRB would side with employers.

Well oh how the tides have changed. The NLRB has issued several memorandum where they seem to pulling back a little (two of which can be found here and here). Of particular importance is understanding online casino when a post constitutes as concerted activity (and is consequently protected). Merely posting complaints about one”s workplace is not enough. One must arguably voice the opinions of their colleague or be proverbially rounding the troops. Meaning selfish rants about how much one”s supervisor smells is not going to cut it. The key now seems to be something akin to public policy. Does the post involve the public or have a public impact?

Find a really good blog discussion on this at Labor Relations Today.