Employers will need to review their policies related to social media, after a landmark NLRB decision charging a company of wrongful termination due to a Facebook status update. American Medical Response of Connecticut terminated an employee after she criticized her supervisor on her Facebook page. The board filed a complaint, arguing that workers’ criticisms of their bosses or companies on a social networking site are generally a protected activity and that employers would be violating the law by punishing workers for such statements. AMR refutes the complaint on the basis that this was just one of several reasons for the termination. However, it will pay to watch this one closely, as it may define how the board will view protected activity in the social media venue. Company policies may need to be amended to more tightly define the “protected speech” allowed employees under the law, while still allowing company restrictions on “disloyal” comments.
