ABA Journal: Some workers who beef about the workplace on Facebook and Twitter may be protected from firing or discipline because they are engaging in “protected concerted activity,” according to a report by the National Labor Relations Board.
The report by acting general counsel Lafe Solomon discusses the outcome of investigations into 14 cases involving social media by the agency’s Division of Advice, according to a press release, Above the Law, and Business Ethics. In four cases in the report (PDF), the NLRB found the workers were protected under Section 7 of the National Labor Relations Act because they were discussing terms and conditions of employment with fellow employees.
In one case the NLRB sided with a luxury car salesman fired for posting photos of a sales event in which hot dogs were served, cheap food he deemed to be conveying the wrong message to potential clients. His introduction to the photos remarked that he was happy to see that the employer had gone all out for the party. The NLRB said the salesman was vocalizing the concerns of his co-workers, whose salaries were based entirely on commissions.