The National Labor Relations Board (NLRB) has filed suit against a non-union not-for-profit company in Buffalo, New York, after the not-for-profit fired five employees for off-duty complaints posted on their personal Facebook sites. It is one of the very first actions by the NLRB against a non-union company for firings related to Facebook speech.
The five employees of Hispanics United of Buffalo posted a series of comments on Facebook in which they complained about the working conditions for employees at the not-for-profit. The Board, in its Complaint, contends that the communications are protected concerted activity under §7 of the National Labor Relations Act.
The Complaint is just one of numerous actions taken by the NLRB against employers (mostly unionized) who have disciplined or fired employees for off-duty Facebook comments.
Employers are cautioned before taking action against employees for off-duty Facebook chatter to be wary of protected speech rights under the NLRA, and to also make certain that company policies on social media do not chill or limit discussion regarding working conditions.
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