As we recently reported, the National Labor Relations Board found that Triple Play Sports Bar and Grille (“Triple Play”) had unlawfully discharged an employee because he had “liked” a former co-worker’s negative comment about the employer posted on Facebook. In response to the Board’s decision, Triple Play has filed a petition for review of the decision with the United States Court of Appeals for the Second Circuit. This marks the first time that a federal appellate court will have the opportunity to review the Board’s recent expansion into the area of social media under the banner of the right of employees to engage in concerted activity. We will be monitoring what happens with this case – which may not end with the Second Circuit – so stay tuned.
