Thanks to Kent Bradbury for the following post:
On September 28, an Administrative Law Judge for the National Labor Relations Board issued his ruling in a case involving the termination of an employee at a car dealership for postings he made on his Facebook page about events at work. The postings included pictures and comments on two subjects: (1) serving hot dogs and fruit at an important customer roll-out event and (2) an accident at the owner’s neighboring dealership where a salesperson let a 13-year old behind the wheel of an SUV. The judge found that terminating the employee because of the postings did not violate the NLRB because it was primarily based on the SUV accident which did not involve any protected concerted activity. Good news, right?
Maybe not. It appears from the opinion that only a very narrow set of facts will allow an employer to get out of an NLRB charge related to comments and postings on Facebook or other social media.