For the first time, in Hispanics United of Buffalo, Inc., an Administrative Law Judge has found a violation of the National Labor Relations Act in a social media case brought by the General Counsel of the National Labor Relations Board (“NLRB”). As addressed in the earlier post, NLRB OKs Employee Bad-Mouthing on Social Media, the General Counsel said that non-profit Hispanics United of Buffalo, Inc. violated the law when it fired 5 employees for posting angry and defensive comments on Facebook in response to another employee’s Facebook post criticizing their work. Hispanics United of Buffalo, Inc. stood by the termination decisions arguing that the employees were fired for bullying and harassing the other employee in violation of the company’s zero tolerance policy against harassment. Finding no evidence of harassment, the Administrative Law Judge issued an order recommending that Hispanics United of Buffalo, Inc. offer reinstatement to the fired employees and make them whole for loss pay and benefits resulting from their terminations. It is anticipated that Hispanics United of Buffalo, Inc. will request a review of the decision by the Board of the NLRB.
