NLRB Claims Worker Illegally Fired For Worker's Criticism Of Boss On Facebook

NLRB Claims Worker Illegally Fired For Worker’s Criticism Of Boss On Facebook

The National Labor Relations Board issued a complaint on October 27^th alleging that an ambulance service illegally terminated an employee who posted negative remarks about her supervisor on her personal Facebook page. The employee was terminated following “negative personal attacks against co-workers posted publicly on Facebook.” Specifically, the employee mocked her supervisor on Facebook using several vulgarities to ridicule him and the posting drew responsive comments from co-workers which led to further negative comments about the supervisor.

An NLRB investigation found the comments on the Facebook page constituted protected concerted activity, and that the company’s blogging and internet posting policy contained unlawful provisions, including one that prohibits employees from making disparaging remarks when discussing the company or supervisors and another that prohibits employees from depicting the company in any way over the internet without company permission. According to the NLRB, such provisions constitute interference with employees in the exercise of their right to engage in protected activity.

The case is set for hearing on January 25, 2011 before an administrative law judge.