• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Will we get in trouble for disciplining an employee for disparaging Facebook postings?

by on
in Employment Law,HR Management,Human Resources

Q. An employee has posted some very unflattering things about the company on her Facebook page. Is there anything we need to consider before taking disciplinary action against her?

A. Yes. You should be aware that the employee’s actions may be protected by the National Labor Relations Act (NLRA). Section 7 of the NLRA protects employees’ right to engage in “concerted activity for the purpose of collective bargaining or other mutual protection.” That includes discussions about conditions in the workplace.

The NLRA protects the rights of private-sector employees, whether they are in a union or not.

If your employee’s online rants somehow pertain to the terms and conditions of employment—such as pay, work rules or policies, work hours, etc.—and especially if other employees have commented or joined the discussion, the employee’s activity is probably protected.

The National Labor Relations Board (NLRB) has been scrutinizing employers’ regulation of social media, and has recently filed charges against several companies with social media policies the NLRB considered overly broad. According to the NLRB, such policies, even if they are not enforced, are unlawful because they have a “chilling effect” on employees’ exercise of Section 7 rights.

You would be wise to have an attorney with experience in labor law review any social media policy before you publish it. You should certainly get advice from your attor­ney before you take any disciplinary action against this employee.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/14884/will-we-get-in-trouble-for-disciplining-an-employee-for-disparaging-facebook-postings "

Leave a Comment