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NLRB Continues Its Assault On Social Media Firings

By Scott T. Silverman on May 24, 2011
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The National Labor Relations Board issued a complaint last Friday against Knauz BMW, a Chicago area BMW dealership, alleging unlawful termination of an employee for posting photos and comments on Facebook that were critical of the dealership.

The employee, a car salesman, and coworkers were unhappy with the food and beverages at a dealership event. Salesmen complained that their sales commissions could suffer as a result. Following the event, the salesman posted critical photos and commentary on his Facebook. Other employees had access to the Facebook page.

The following week, the dealership asked the salesman to remove the posts, and he immediately complied. However, shortly thereafter, the employee was terminated for posting the images and comments.

The NLRB alleges that the employee’s Facebook posting was protected concerted activity within the meaning of the National Labor Relations Act, because it involved a discussion among employees about their terms and conditions of employment

Again, employers must continue to be cautious in their actions based on employees’ use of social media. Clearly, the NLRB is taking an expansive view of what constitutes protected concerted ativity under the NLRA.

Photo of Scott T. Silverman Scott T. Silverman

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and…

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and arbitrations. Although he has worked on a variety of labor and employment issues throughout his career, Scott’s practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage and hour, and retaliation claims. Complementing his litigation practice, he advises employers on day-to-day matters, and drafts manuals and contracts for his clients.a

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  • Posted in:
    Employment & Labor
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

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