The National Labor Relations Board (“NLRB”) will be addressing in administrative court the issue of whether an employer has the right to fire an employee for comments made on Facebook. Connecticut-based ambulance service, American Medical Response (“AMR”), recently fired Ms. Dawnmarie Souza after she ridiculed her supervisor with vulgarities on Facebook. Ms. Souza and her supervisor had a dispute when she was not allowed a union representative to help her prepare a response to a customer’s complaint about her work.
The NLRB contends that AMR’s corporate policy barring employees from depicting the company on Facebook is overly broad, and that the act of firing Ms. Souza violates the National Labor Relations Act, which among other things, prohibits employers from punishing workers for discussing working conditions or unionization. The complaint notes that the comments triggered supportive responses from Ms. Souza’s co-workers, as well as additional negative comments about the supervisor. The hearing for the case will begin January 25, 2011.
(Source: Mr. Zachary Roth, The Upshot)