E-Commerce Law - Company Who Fired Employee for Disparaging Supervisor on Facebook Settles NLRB Complaint

 

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Here are the latest updates for adelhamdy.inbox@blogger.com   "E-Commerce Law" - 1 new article Company Who Fired Employee for Disparaging Supervisor on Facebook Settles NLRB Complaint More Recent Articles Search E-Commerce Law Prior Mailing Archive Company Who Fired Employee for Disparaging Supervisor on Facebook Settles NLRB Complaint An ambulance service company in Connecticut recently settled a case involving a former employee who was terminated for posting disparaging comments about her supervisor on the employee's personal Facebook page.  The incident stemmed from the employee refusing to prepare an investigative report concerning a customer complaint, because her supervisor denied the employee's request for union representation.  Later that same day, the employee posted on Facebook, from her home computer, disparaging remarks about her supervisor.  The employee's comments prompted co-workers to chime in and make additional negative comments about the supervisor.  The company suspended the employee and ultimately terminated her for violating the company's internet policies. The National Labor Relations Board issued a complaint alleging that the employee's Facebook postings constituted protected concerted activity under the National Labor Relations Act.  Additionally, the Board alleged that the company's blogging and internet posting policy was unlawful because it prohibited employees from making disparaging remarks when discussing the company or supervisors and it prohibited employees from depicting the company in any way over the internet without company permission.  The Board alleged that such provisions constituted an interference with employees' right to engage in protected concerted activity. The hearing was scheduled for this month, but the parties ultimately settled the case on February 7, 2011.  According to a Board's press release, the settlement included a promise by  the company "to revise its overly-broad rules to ensure that they do not improperly restrict employees from discussing their wages, hours and working conditions with co-workers and others while not at work, and that they would not discipline or discharge employees for engaging in such discussions." In light of this case, employers should consider revising their social networking and/or blogging policies to ensure that they are not "overly-broad."  Further, employers must exercise great caution when considering discipline for employee blogging and social networking when employees are off-premises, off-hours, and off-resources (meaning not using the employer's computers or equipment). For more information, see Facebook Firing Case Is Settled and Company Accused of Firing Over Facebook.   • Email to a friend • Article Search • View comments • • More Recent Articles The Admissibility of Electronic Evidence Under the Federal Rules of Evidence Spammers Must Pay Facebook More Than $360 Million in Statutory Damages Sports Brandjacking Generates Millions of Dollars and Tens of Millions of Web Visits Each Year Blueprint for Wealth and Starting an Internet Business

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