National Labor Relations Board Argues Facebook Posts Are Protected

The National Labor Relations Board (“NLRB”) is arguing that Facebook posts are considered protected under the privacy laws, in response to a company’s firing of an employee over criticism of her supervisor on Facebook. The NLRB is also arguing that punishment of employees for such Facebook statements would be a violation of the law. A complaint was filed by the NLRB against American Medical Response of Connecticut, who fired an employee over her Facebook posts, which allegedly violated the company’s policy of talking about the company on the social media site.  The NLRB cites the National Relations Labor Act in support of their complaint, stating that the Act prohibits employers from punishing employees for discussing working conditions.

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Source: The New York Times, November 8, 2010