The National Labor Relations Board ("NLRB") recently issued its first decision addressing the legality of a termination for an employee's Facebook postings. In Karl Knauz Motors (Case 13–CA–046452), the NLRB adopted an administrative law judge's findings that a car dealership lawfully discharged a salesman due to Facebook posts highlighting an accident at an affiliated dealership that – according to the employer – damaged the reputation of the company and the individuals involved in the accident. The NLRB determined that the salesman's Facebook posts did not involve concerted activity protected by the National Labor Relations Act.
This decision is consistent with the NLRB's increased focus on social media postings and policies, and the NLRB is likely to issue more decisions on these topics in the coming months.
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