Wyatt Employment Law Report

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NLRB Issues Complaint Over Employee’s Posting on Facebook

By Edwin S. Hopson and Kim Koratsky

On November 2, 2010, the National Labor Relations Board (NLRB) announced that its Hartford, CT Regional Director had issued a complaint against an ambulance service, American Medical Response of Connecticut, asserting that the company had unlawfully discharged one of its employees for posting a negative remark about a supervisor on her personal Facebook page.  The NLRB also alleged that the employer denied the employee union representation during its investigatory interview and that it was maintaining and enforcing an overly broad internet policy.

The New York Times is reporting that this is the first case where the NLRB has stepped in to contend that criticism of an employer on a social networking site is generally a protected activity and that employers could be violating the law by punishing employees for such statements.

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