The National Labor Relations Board (NLRB) recently sued employer American Medical Response (AMR) alleging that the company unlawfully terminated an employee for comments she posted on her Facebook® page about a supervisor. NLRB alleged that the termination was illegal because the employee’s comments were “protected concerted activity” under the National Labor Relations Act and that AMR’s social media policy was overbroad, resulting in a violation of the employee’s rights under the Act.
AMR terminated the employee for violating the company’s social media policy, which prohibits employees from making criticizing remarks about the company and other employees on the Internet. The policy also prohibits employees from discussing the company in any way on the Internet without prior permission. NLRB officials state that complaints about supervisors or working conditions made by employees on social media outlets will almost always constitute “protected concerted activity” if other employees have access to view the information. A hearing for the case is scheduled for early 2011.
As the case could set a precedent for social media policies nationwide, employers should consider reviewing their own social media and Internet usage policies to ensure that they are not overbroad, and use caution when terminating employees for their use of social media. When crafting your social media policy, consider the following:
- Mention that the company provides employees with Internet access to be used as a business tool, and it must be used properly.
- Inform employees that they must comply with the company’s conduct standards and policies on all Internet outlets regarding workplace retaliation, harassment and discrimination.
- Inform employees that they must comply with company policy on all Internet outlets by not disseminating any confidential or proprietary information relating to the company, its employees or its clients.
- Inform employees that failure to comply with any of the company’s policies, including the social media policy, may result in disciplinary action.
Source: The Ward Agency
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