loader
Page is loading...
Print Logo Logo
generic_insight_detail

NLRB Judge Gives a “Like” to Facebook-Related Termination


Thumbs UpIn a slightly surprising decision, National Labor Relations Board (NLRB) Administrative Law Judge Jay R. Pollack recommended the dismissal of a complaint involving the termination of two former employees of the Richmond District Neighborhood Center, a non-profit organization in the San Francisco Bay Area that runs community programs including after-school and summer programs for youth. The decision is all the more surprising because Judge Pollack agreed with the General Counsel that the employees at issue were engaged in protected concerted activity in complaining about their employer on Facebook; yet he found that some of the actions described by the employees (including having “crazy events [without] permission,” “do[ing] cool [expletive] and let[ting] [the employer] figure it out,” “playing loud music and get[ting] graffiti artists to place graffiti on the walls,” and hav[ing] clubs and tak[ing] the kids”) in their Facebook conversations were not protected. Accordingly, the Judge found that the employer could lawfully find that the employees conduct was not protected and that they were unfit for further service.

While this decision shows that not all social-media misconduct must be tolerated by employers, it is important for employers dealing with these types of issues to contact competent labor and employment counsel prior to making any termination decisions involving social media, as defending against an action of this nature before the NLRB can be costly.


RELATED ARTICLES

NLRB Proposes Rescinding Trump Board Rule and Expanding Definition of ‘Joint Employer’

September 8, 2022 | Labor Relations, National Labor Relations Board

With Tesla Decision, NLRB Rules Dress Codes Unlawful That Restrict Pro-Union Apparel

September 6, 2022 | Labor Relations, National Labor Relations Board

How Much of Current Unionization Boom Is Attributable to Nationwide Starbucks Campaign?

September 1, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Will Nonunion Employees Have Weingarten Rights in the Workplace Soon?

August 8, 2022 | Labor Relations, Unions and Union Membership

Crosshairs: Labor Board Targets Gig Economy, Noncompete Agreements, and More

July 26, 2022 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
Facebook
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.