Facebook Likes May Now Be Protected Employment Activity
Employers, be careful disciplining employees for their Facebook activity. On October 21, 2015, a Federal court of Appeals determined that an employee who “liked” another employee’s post participated in protected activity, and terminating the employee was a violation of the National Labor Relations Act (“NLRA”).
What Happened:
The employer was a sports bar. One employee posted on Facebook a complaint about the way the employer took taxes out of his paycheck. A second employee “liked” the post, and a third employee made a comment. The two employees used profanity in their posts, and the employer terminated all three for using profanity relating to the employer.
The Law:
The NLRA is the Federal law that allows workers to unionize and publicly complain about their employer. Under the NLRA, employers cannot punish or otherwise discourage employees who are discussing their workplace conditions, including their pay. The court acknowledged that employees’ public communications may lose NLRA protection if the comments are sufficiently disloyal or defamatory and disconnected from any ongoing labor dispute, but the activity in dispute did not reach that stage and was protected.
Employment Takeaway:
Employers must carefully consider disciplining employees who “like” posts even if the employer finds the post offensive or obnoxious. IF you have questions regarding disciplining employees or if you are an employee who was disciplined for posting to Facebook, you should seek the advice of an attorney right away.
To see the court’s opinion: http://1.usa.gov/1OpcL2v
