If you're interested in the ever-shifting convergence ofemployment practices liability and the ubiquitiousnessof social media, you might want to keep an eye on a lawsuitrecently filed in Connecticut by the National Labor RelationsBoard, claiming a woman was unfairly fired for posting negativecomments about a supervisor on her Facebook page.

From the New York Times article:

The labor relations board announced last week that it had fileda complaint against an ambulance service, American Medical Responseof Connecticut, that fired an emergency medical technician,accusing her, among other things, of violating a policy that barsemployees from depicting the company “in any way” on Facebook orother social media sites in which they post pictures ofthemselves.

Lafe Solomon, the board's acting general counsel, said, “This isa fairly straightforward case under the National Labor RelationsAct — whether it takes place on Facebook or at the water cooler, itwas employees talking jointly about working conditions, in thiscase about their supervisor, and they have a right to do that.”

Although the employer states that the woman was fired forreasons other than her Facebook griping (in which several fellowdisgruntled employees commiserated), the basis of the casecauses one to think about whether formal company policiesregarding social media use by employees outside theworkplace are legally enforceable.

In another recent example, read here about an administrator at an IllinoisCatholic-affiliated university who was fired from her positionbecause of a newspaper wedding announcement about her Iowa marriageto her long-time lesbian partner. The university's rationale wasthat even though the woman was openly gay in the workplace, “… Bypublicizing the marriage ceremony in which she participated in Iowashe has significantly disregarded and flouted core religiousbeliefs which, as a Catholic institution, it is our mission touphold.”

Continue Reading for Free

Register and gain access to:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.