The Top Ten NLRB Cases on Facebook Firings and Employer Social Media Policies

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Date

2014-03-15

Authors

O'Brien, Christine Neylon

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

Social media has profoundly changed communications for our personal and professional lives, from social networking to job searching, to social movements and more. Facebook, Twitter, LinkedIn, Pinterest, Tumblr, Instagram, blogs, and other emerging social media platforms have redefined our methods and means for speech, interaction, and connection. Computers, e-readers, and smartphones are the means for this intense multi-platform engagement in social media. This engagement results in the blurring of work and personal time, on work and personal equipment, and accounts. The already complex employment relationship is further complicated as companies seek to protect their brand, trade secrets, and employee communications by publishing social media policies. In the context of unfair labor practice cases, the National Labor Relations Board has reviewed social media policies and other employer actions that interfere with employees’ rights that apply whether employees are in a union or not. This article outlines the top ten cases in this area to instruct employers and employees on what policies and comments are lawful or protected. The cases encompass employer policies that employees would reasonably perceive to infringe upon their rights to engage in protected concerted activities, and instances where employees are disciplined or discharged for engaging in protected activity.

Description

44 pages

Keywords

Social media, Employment law

Citation

337 Or.L. Rev. (2013)