NLRB Settles Facebook Firing Case
Last November, I wrote about a case in Connecticut where the NLRB filed a complaint accusing American Medical Response of Connecticut of illegally firing an employee for posting comments on her facebook page, claiming that the posting was "protected concerted activity" under the National Labor Relations Act. The NLRB announced that the case against AMR has been resolved by AMR agreeing to revamp its policies so they don't restrict employees rights. According to the NLRB, the settlement also included an agreement from AMR that they would not discipline or terminate employees who discussed wages and other work issues while not on the job. The NLRA allows employees to discuss the terms and conditions of their employment with co-workers and third parties.
There was a separate private settlement agreement reached between AMR and Dawnmarie Souza, the employee who had been terminated. I have not been able to determine the terms of that settlement at this time.
Practice pointer. Although the AMR case involved a union work force, employers should be aware that the NLRA covers non-union work forces as well. Many times I hear about or see policies that restrict employees from discussing the terms and conditions of their employment, including wage information, with others. Under the NLRA, this restriction is probably prohibited.
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