Thursday, November 11, 2010

Facebook Posts and Free Speech

The National Labor Relations Board (NLRB) has declared that Facebook posts are legally protected speech and that terminating an employee based on their comments and status posts regarding working conditions is unlawful.

However, think twice before airing your workplace greivances. According to the NLRB's Facebook page:

"When do Facebook comments lose protected concerted activity status under the National Labor Relations Act? A four point test applies: (1) the place of the discussion; (2) the subject matter of the discussion; (3) the nature of the employee’s outburst; and (4) whether the outburst was, in any way, provoked by an employer’s unfair labor practice."

Many employers today will search multiple forms of social media for an employee's profile to gain a better understanding of the person they intend to hire. So, although it may be legal, it's not always smart.

Read the full New York Times article...

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