Oh Snap! Employee Lawfully Terminated For Profanity-Laced Facebook Post

We’ve all seen a social media post that makes us cringe and question why someone would post it. Often this is due to extremely profane or vulgar language someone chooses to include in his or her post. Over the years, however, the National Labor Relations Board (NLRB) has declared that some offensive outbursts by employees – including those that occur online – cannot serve as ground for their termination if the employees are engaged in “protected activity.” Good news: the NLRB just released an advice memo from its general counsel’s office that upheld the termination of an employee who crossed the line in a social media post.