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You are here: Home / Claim Management / Legal Doctrines / NLRB Says Workers Should Not Have Lost Jobs for Facebook Postings

NLRB Says Workers Should Not Have Lost Jobs for Facebook Postings

May 24, 2011 By //  by Robert Elliott, J.D. Leave a Comment

The National Labor Relations Board said earlier this month that a non-profit in organization in Buffalo was wrong to fire five workers for Facebook postings that criticized working conditions, and disclosed that it has more than two dozen cases involving worker complaints aired on the social media site.
 
 
According to a report from The Wall Street Journal, the NLRB complaint against Hispanics United of Buffalo reaffirms the agency's position in a prior case that labor law permits employees to discuss the terms and conditions of their employment with co-workers and others—including postings on social-media sites. (WCxKit)
 
 
In the recent complaint, an employee of Hispanics United who was slated to meet with management regarding working conditions posted on Facebook a co-worker's allegation that employees didn't assist the nonprofit's clients enough, the NLRB said. That post attracted responses from other employees who defended their work and blamed conditions like work loads and staffing issues. When Hispanics United learned about the postings, it released the five employees who participated, stating their comments were harassment of the employee originally mentioned in the post, the NLRB remarked.
 
 
The NLRB claimed the Facebook discussion was "protected concerted activity" under the National Labor Relations Act. The earlier case was brought to the agency by a union representing an employee of ambulance company American Medical Response of Connecticut.
 
 
In that incident, the employee posted comments regarding her supervisor and responded to further comments from her co-workers. That case was settled in February when the company agreed to revamp its rules to ensure they don't restrict workers rights. A separate, private settlement was reached between the company and the employee, though terms weren't disclosed. (WCxKit)
 
 
According to NLRB spokeswoman, at least three other complaints have been issued from regional offices since the American Medical Response case. All of those appear to have been settled, she added.
 
 
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

Filed Under: Legal Doctrines, NY Workers Comp Issues, WC 101 Tagged With: facebook, Fair Labor Standards, Federal Labor Law, Labor and Union Issues, New York, NLRB

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