Fired for Facebook

This year, the National Relations Board (NLRB) received more than one hundred charges filed by employees who were fired for an online comment or post about working conditions, according to an analysis released by the U.S. Chamber of Commerce. The recent spike in complaints raises a novel question: Is it lawful for an employer to terminate an employee for posting negative comments about their employment on social media?

The NLRB is an independent federal government organization that investigates and remedies unfair labor practices. The NLRB protects the rights of employees to unite together to improve their working conditions, with or without a union. In the context of social media, legal issues arise when an employee posts a comment about his working conditions or wages on a public online forum such as Facebook or Twitter.

The NLRB is now considering whether federal law protects employees’ rights to post these comments about their working conditions online. If the NLRB determines that such activity is protected under federal labor law, employers will no longer be able to terminate employees who post critical comments about their working conditions online. The NLRB is expected to offer employers guidance about this issue later this year.

Until then, it is important for employees to follow company guidelines and to understand their legal rights. If you believe that your workers’ rights have been violated by your employer or union, you should not hesitate to contact an experienced attorney. For questions, contact Broussard, David & Moroux at 1-888-337-2323 (toll free) or 337-233-2323 (local).