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Firing for Facebook post doesn’t violate Texas privacy law

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in Firing,Human Resources

by Maria Greco Danaher, Esq., Ogletree Deakins

Recent court decisions concerning employment law and social media have centered on whether disciplinary decisions regarding employees’ online postings may violate the National Labor Relations Act (NLRA).

The NLRA protects certain em­­ployee “concerted activities” aimed at discussing or improving working conditions, and precludes interference with such communications, in­­cluding online messages.

However, employees have brought other legal causes of action against employers for so-called “Facebook firings.”

Recently, a Texas appeals court was asked to determine whether firing an employee because of a Face­­book post violated that employee’s state law privacy rights. The court held that it did not. (Roberts v. Care­­Flite, No. 02-12-00105, Texas Court of Appeals, 2012)

‘Wanted to slap’ patient

Janis was a paramedic with Care­­Flite, a helicopter ambulance service. Janis posted on ...(register to read more)

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