• 11
  • November
    2010

Social media is a tricky area when it comes to laws and legislation. Most of the rules that guide legal proceedings just weren't made to deal with the types of questions that Facebook and Twitter have raised. One of the areas where this sort of problem is occurring more often is employment law.

Whether or not employers have a right to fire employees who vent frustrations on Facebook is a question that has not yet been definitively answered. However, the National Labor Review Board has an opinion on just such cases - and it sides with the employee.

The NLRB recently filed a complaint against an employer who fired an employee after she used Facebook to complain about a supervisor. According to the NLRB, the dismissal violated the National Labor Relations Act of 1935, which made it harder for employers to break up employee organizations and retaliate against collective criticism.

The issue in this case was the fact that several coworkers had engaged in conversation, via Facebook comments, regarding the employee's complaints. To the NLRB, this constituted something known as "concerted activity," which is protected under the Labor Relations Act.

Concerted activity is loosely defined as two or more employees discussing issues and/or shortcomings faced on the job. As in many legal situations involving social media, Facebook does not fit so neatly into the definition. However, the NLRB felt strongly enough to take action.

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