The law of unintended consequences is alive and well when it comes to how business uses social media such as Facebook, Twitter and other Internet services. Those platforms have transformed how companies market themselves, recruit job applicants and communicate with customers and employees. However, they have also created new legal liabilities.
In particular, the National Labor Relations Board (NLRB) has been taking a close look at how employers react when they don’t like what their employees post on Facebook. Surprisingly, employers have won several of those cases.
NLRB on social media
Recent NLRB cases have dealt with:
- Broad policies restricting employees’ free speech on social media websites
- related to employees’ postings on social media sites.
In August, the NLRB released a report detailing the outcome of 14 investigations involving the use of social media and employers’ social and general media...(register to read more)
- Extra work, harsh treatment may not be reverse discrimination
- The case against offering perfect-attendance awards
- Reporting workplace threats to HR or police is protected
- If worker on RIF list has sought reasonable accommodations, be prepared to justify
- Don't cut severance if it violates written contract