Monday, February 7, 2011

NLRB Settles Facebook Discharge Case

It looks like we will have to wait another day to see how a protected concerted activity case would play out in the social media context. The National Labor Relations Board ("NLRB") announced today that it has settled the highly publicized and followed case out of Connecticut involving the discharge of a Connecticut ambulance service employee who posted negative comments about a supervisor on her Facebook page. From the NLRB press release on the settlement:

Under the terms of the settlement approved today by Hartford Regional Director Jonathan Kreisberg, the company agreed to revise its overly-broad rules to ensure that they do not improperly restrict employees from discussing their wages, hours and working conditions with co-workers and others while not at work, and that they would not discipline or discharge employees for engaging in such discussions.

The company also promised that employee requests for union representation will not be denied in the future and that employees will not be threatened with discipline for requesting union representation. The allegations involving the employee’s discharge were resolved through a separate, private agreement between the employee and the company.

I'm glad this matter was resolved in a manner that satisfied all parties involved, but I was at the edge of my seat awaiting a decision in this case!

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