![]() ![]() In sum, an employer can terminate an employee for posting about individual gripes, but there can be a fine line between an individual complaint and attempt at concerted activity. Prejudicial and hurtful comments motivated by race, religion, or gender that are separate from concerted activity (picket lines, union meetings, etc.) would not be protected either. For example, profanity-charged Facebook rants advocating insubordination will likely not constitute protected activity. However, the NLRA will not protect employees who post offensive or false remarks about their employer where such statements are not connected to concerted activity, or who post disparaging comments about protected characteristics, such as race, religion or gender. For example, an employee who starts a Facebook group with co-workers to foster a conversation about wages, benefits or other working conditions is participating in protected activity. If the employee has previously made complaints to management on behalf of a group of employees, sought other employees’ participation in action, or if the post is receiving engagement from other co-workers, the employee may be engaging in concerted activity. The federal National Labor Relations Act (NLRA) prohibits an employer from interfering with such conduct, and termination or other disciplinary action would constitute interference. What can an employer do if it discovers social media posts disparaging the company?Īn employer must first consider whether the employee is seeking to engage in “concerted activity,” i.e., working together with other employees to address work-related issues such as pay rates, benefits, management or other working conditions.As this “new normal” blurs the line between personal and professional time, and as our social lives migrate more and more onto social media, employers face a difficult question: How far can they go in restricting their employees’ social media content? On top of that, many workers face the immense challenge of juggling pandemic precautions, homeschooling, elder care, and other responsibilities, requiring them to work in remote arrangements and at unorthodox hours. ![]() Heightened political and social tensions have translated into heightened levels of discourse, with social media platforms like Twitter, Facebook, Instagram, YouTube, and TikTok offering users endless opportunities to share their opinions. While social media has been an outlet for individual speech for years, people now rely on it more than ever as a means of staying connected when getting together in person is challenging. ![]()
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