The National Labor Relations Board's (NLRB) Hartford, CT office has filed a complaint alleging that American Medical Response of CT, Inc. (AMR) violated the NLRA by terminating an employee for posting negative remarks about her supervisor on her personal Facebook page. The complaint also alleges that AMR illegally denied union representation to the employee during an investigatory interview, and maintained and enforced an overly broad blogging and internet policy.

While the facts are in dispute and will not be tried until January, 2011, the complaint is generating attention because of the "overly broad" allegation with regard to the social media policy. This allegation could impact all employers, whether unionized or not, if a violation of the NLRA section protecting communication about wages, hours and terms and conditions of employment is found.

Should employers throw out their internet and social media policies? Not so fast. This case hinges on whether the activity is concerted and therefore protected. Facebook is no different from the water cooler if the employees are jointly discussing working conditions. Employees have a right to do that whether in a union or not. There will be instances where employees are merely lashing out at supervisors and not communicating with co-workers, which are not protected activities under the NLRA and subject to discipline.

We recommend you review your current policy with this case in mind. We will update you when the final decision is rendered by the NLRB. In the meantime, please join Mike Foley on December 2, 2010, to learn how to best navigate the legal pitfalls of social media while protecting your business. This breakfast seminar is sponsored by the Cape Cod Human Resources Association. Contact www.cchraonline.com to register.

Questions? We can help. 508-548-4888 or info@foleylawpractice.com