Worker Fired Over Facebook Post: NLRB Files Complaint Against Employer

We previously reported on our blog about an employee who got fired for criticizing her supervisor on Facebook. On November 4, 2010, the National Labor Relations Board (NLRB) filed a complaint against the company that fired the employee.

The NLRB investigated and concluded the company violated the National Labor Relations Act. The Act gives employees the right to discuss their work environment with other co-workers.

Many other co-workers responded to the post of the fired employee. According to the NLRB, an employee is allowed to talk about his/her supervisor with co-workers, even if this is happening while using a social media like Facebook.

The employer, American Medical Response of Connecticut, argued that the employee was violating the social media policy of the company. The NLRB, however, is of the opinion that the policy violates the National Labor Relations Act.

The first official hearing on this matter will take place on January 25, 2011 before an NLRB administrative judge. It remains to be seen if posting critical statements about supervisors or co-workers is protected by the National Labor Relations Act and if the social media policy of the American Medical Response of Connecticut constitutes a violation of the Act.