November 24, 2020

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Employment Law - Social Media Update

The National Labor Relations Board (“NLRB”) recently affirmed the right of an employer to take action against its employees for posting negative comments about the employer on a social media page.  While it may seem obvious that an employer would have the right to take action, questions began to arise on the subject after the NLRB filed a complaint against a company for terminating an employee who allegedly violated the company’s social networking policy which prohibited depicting the company “in any way” without the employer’s permission.  This month, however, the NLRB has issued three separate opinions in favor of employers who decided to take action following posts by their employees on Facebook.  In each case, the employees in question made comments which would not be acceptable in the workplace.  The cases are well summarized by Seth Borden in Labor Relations Today:  http://www.laborrelationstoday.com/2011/07/articles/nlrb-decisions/nlrb-...

What does this mean for employers?  Employers can now be assured that they are not powerless to take action against employees for postings on Facebook or other social media pages.    However, employers should take care to have a clearly defined social media policy before taking such action.

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume I, Number 226
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About this Author

Jay S. Becker, Giordano Law Firm, Labor & Employment, Cannabis Law, Corporate Labor Relations Employment Law and Litigation
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Jay, chair of the Labor and Employment Practice Area, devotes his practice to labor relations and employment law and litigation on behalf of management. His experience includes conducting trials, hearings, arbitration and mediation sessions; responding to state and federal administrative agency charges; collective bargaining; drafting employment-related corporate documents such as restrictive covenants, employee handbooks, employment agreements, various stock and compensation plans, and separation/severance agreements. He counsels employers on all employee relations issues including, but...

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