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  1. #1
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Wrongfully Fired for Fully Private Facebook Page

    Quote Quoting jayc1979
    View Post
    Is there any platform for a case ?
    When you first posted, the answer was a pretty definitive No.

    Things change. Theanswer now appears to be Maybe.

    In what labor officials and lawyers view as a ground-breaking case involving workers and social media, the National Labor Relations Board has accused a company of illegally firing an employee after she criticized her supervisor on her Facebook page.

    This is the first case in which the labor board has stepped in to argue that workers’ criticisms of their bosses or companies on a social networking site are generally a protected activity and that employers would be violating the law by punishing workers for such statements.

    The labor relations board announced last week that it had filed a complaint against an ambulance service, American Medical Response of Connecticut, that fired an emergency medical technician, accusing her, among other things, of violating a policy that bars employees from depicting the company “in any way” on Facebook or other social media sites in which they post pictures of themselves.

    Lafe Solomon, the board’s acting general counsel, said, “This is a fairly straightforward case under the National Labor Relations Act — whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that.”

    Read the rest of the article here.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Wrongfully Fired for Fully Private Facebook Page

    Here is a link to the case Missy cites. I could not find it directly on the NLRB site.

    This employee was a member of a Union, which the NLRB has jurisdiction over, as they filed an Unfair Labor Practice.

    Although the NLRA covers non union employees at times, the complaint is likley to cause confusion to workers, union or not, about what is protected speech concerning employment conditions, etc.

    The hearing is scheduled for Jan. 2011. Maybe someone will keep on eye out for it.


    http://www.scribd.com/doc/41010696/A...-NLRB-Nov-2010

  3. #3
    Join Date
    Oct 2010
    Posts
    5

    Default Re: Wrongfully Fired for Fully Private Facebook Page

    Thank You ALL for all of the feedback. I am currently seeking a lawyer for my case as well. Someone told me to see John A. Beranbaum to see if he would take this case on. Anyone else know of any great lawyers in the field of labor and employment ?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Wrongfully Fired for Fully Private Facebook Page

    We don't provide referrals here, sorry.

    Just for clarification; the case in question addresses discussions of working conditions ONLY. It is not permission for an employee to badmouth the employer unilaterally and with impunity.

  5. #5
    Join Date
    Oct 2010
    Posts
    5

    Default Re: Wrongfully Fired for Fully Private Facebook Page

    Oh I understand. My case isn't the same as Ms. Souza's. She actually spoke of her boss and company. I did not name either. Was just speaking about working conditions and pay.

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