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Wednesday, November 20, 2013

NLRB Upholds Termination of Teen Center Employees for Facebook Posts

In reviewing cases involving employee discipline or termination for social media conduct, the National Labor Review Board distinguishes between an employee simply griping about his job or employer or co-workers engaging in protected concerted activity.  As a general rule, the employer can discipline or even terminate the griping employee in the first circumstance but must proceed more cautiously in the second. 

In a recent ruling, however, the NLRB upheld the termination of two teen center employees for their Facebook conversation.  Although the ALJ found the employees were engaged in protected concerted activities, their conversations were not protected because they could harm the employer's reputation and the safety of the teens served by the organization. 

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