Wednesday, May 25, 2011

Yet Another NLRB Facebook Case

This is not a repeat. Last week's post was Another NLRB Facebook Case... this post is Yet Another NLRB Facebook Case. And, if I had to guess, by the end of the summer I'll be writing Still Yet Another Other Additional Different NLRB Facebook Case.

Yup, they're at it again. According to this NLRB press release, they issued a Complaint last Friday against a Chicago BMW dealership. Per the Complaint:
[A] salesman posted photos and commentary on his Facebook page critical that only hot dogs and bottled water were being offered to customers (at a sales event promoting a new BMW model).
The following week, the dealership terminated the salesman. The press release indicates only that "[o]ther employees had access to the Facebook page." There is no indication that any of them actually participated in the allegedly concerted activity. It would also be interesting to know if the co-workers were "friends" on Facebook or if the salesman's page was just publicly accessible.

The NLRB social media cases are starting to pile up. As the resolutions of these cases start rolling in, employers should get a better feel for how the NLRB expects them to handle social media. Employers may wish to consult an attorney regarding social media policies and prior to taking adverse employment actions based on social media activities.

Here is a copy of the Complaint. Hat tip to Molly DiBianca who had a blog entry up before the NLRB even made the announcement: Another Day, Another NLRB Complaint Over Facebook Firing.

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.