The National Labor Relations Board ("NLRB") regional office in Connecticut recently issued a complaint against a company that terminated an employee for negative Facebook posts about her supervisor from her home computer. The company's policies regarding Internet use and blogging prohibit employees from making disparaging remarks when discussing the company or supervisors and from depicting the company in any way without the company's permission. Based on the company's actions and its policies, the NLRB alleges, among other things, that the company illegally terminated the employee for the negative postings about her supervisor and maintained and enforced an overly broad blogging and Internet posting policy. The NLRB maintains that the postings constitute protected concerted activity under the National Labor Relations Act ("NLRA"), which applies whether or not employees are represented by a union. A hearing in the matter is tentatively scheduled for January 25, 2011.
This case is likely to have widespread implications for both unionized and nonunionized employers alike. The potential ramifications of the complaint – the first of its kind by the NLRB – are far reaching and could set an important precedent as employers navigate through the murkiness of what are and are not appropriate uses of social media. Although all employers have an interest in protecting their company from critical remarks by employees, the NLRB's complaint serves as an important reminder for employers to review the scope of their communications policies
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