Your Employees Are Griping About You on Facebook: Can You Fire Them?

Ruth Binger

By Ruth Binger

Have you ever caught your employees publicly griping about your company, or maybe even about you personally, on Facebook? If you have, your first instinct might have been to discipline or even fire them.

But according to several recent decisions from the National Labor Relations Board, if colleagues discuss compensation, working conditions or other issues related to their employment over Facebook, their conduct may be protected by the National Labor Relations Act (NLRA).

A conversation that either plans for group action or brings group complaints to management’s attention is considered “concerted activity” under Section 8(a)(1) of the Act.

So if you see negative posts about your company on Facebook, think carefully before you react.

For a more in-depth look at Employee Social Media Griping read my recent article on social media posts and see what may and may not be protected by the NLRA.

Posted by Attorney Ruth A. Binger. Binger serves both emerging and mature businesses concentrating in corporate law, intellectual property and technology law, and labor and employment law. Her commitment to the success of small to medium-sized businesses, and her understanding of multi-faceted issues inherent in operations, are what distinguish Binger’s practice.


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