Attorney Robin E. Shea does a great job explaining the National Labor Relations Board’s report on what companies can and can’t do about their employees’ comments on social media including Facebook, Twitter, YouTube, texts and whatever the market comes up with next.
The key is to understand what constitutes “concerted activity,” Shea says. Think of it as employees complaining “in concert.” Those who act as a group (as in getting together on Facebook) — or who act alone with the idea of getting others involved — are engaging in “concerted activity” when they discuss the terms and conditions of their employment
Protected concerted activity has become a big concern, thanks to the internet and social media, which make it so much easier for employees to complain “in concert,” and for employers to find out about it. Anti-employer rants on Facebook, Twitter, and personal blogs are not uncommon. If your gut reaction to this is the same as my gut reaction, you are thinking, “Why in the world can’t I fire an employee who calls me a ‘scumbag’ or an ‘as**ole’ on the internet?”
Because it may be “protected concerted activity,” that’s why.
If you don’t have time to digest the 14-page NLRB Social Media Case Report, check out Shea’s digested version to find out what’s protected…
- Seeking feedback about job situations from co-workers
- Calling your boss names and asking co-workers if they agree with that assessment
- Discussing employee incentive programs
And what’s not.
- Calling customers names
- Criticizing your employer on sites not linked to the job
- Discussing your patients
Source: Employment Insider