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More questions than answers after NLRB Facebook firing ruling

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in Employment Law,Firing,Human Resources

by Richard L. Samson, Esq., Ogletree Deakins

By now, you have probably heard about the National Labor Rela­­tions Board’s (NLRB) Sep­tem­ber decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW—the board’s first true foray into a Facebook-related firing. On appeal, the NLRB agreed with the ruling of an administrative law judge (ALJ) that Knauz BMW did not violate the National Labor Relations Act (NLRA) when it fired a salesman for making a derogatory post on Face­­book.

However, employers shouldn’t take much comfort in the outcome.

A tale of two posts

The employee, a salesman at a BMW dealership, authored two posts on his Facebook page. The first criticized the way the dealership had handled a sales event introducing a new line of BMWs. Since sales promotions directly affected the salesman’s commissions, the ALJ had no trouble concluding that the Facebook post was protected communication under the NLRA because it related to t...(register to read more)

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