NLRB: You Can Attack Your Employer on Facebook

by Stephan Tawney on November 9, 2010

Idiotic.

In a lawsuit that probably won’t sit well with most employers trying to enforce social media policies, the National Labor Relations Board said that a recent Facebook-related termination was unlawful.

The employee in question, Dawnmarie Souza, used some vulgar language to deride her boss on Facebook when he denied one of her requests. Several of Souza’s co-workers joined in on the thread, also making negative comments about the supervisor. Souza made these comments on her own time and on her own computer.

An NLRB representative told The New York Times that company social media policies that prohibit making negative remarks about one’s boss or company online are actually in violation of labor laws that protect employees’ right to talk about things like wages and working conditions.

Hence, Souza’s supervisors may not have had the right to fire her for what she did.

Another anti-business ruling from the pro-union National Labor Relations Board.

Companies have the right to expect their employees to refrain from attacking them in the media, traditional or new. This wasn’t, as the board claims, a case of employees speaking out about working conditions and wages. The offender used “vulgar” language to attack her boss because he didn’t give her what she wanted.

But we’ll force employers to continue paying employees who use vulgar language to bitch about their bosses. That’s what we get when we have big government agencies friendly to union bosses making decisions for all businesses in the country. We create an anti-business environment.

And then we wonder why businesses ship jobs overseas.



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