Data Security & Privacy

Round 2: NLRB Goes After Private Company for Reprimanding Reporter’s Twitter Comments

The increase in frequency over firings related to public comments posted on social media sites is an emerging area in employment/labor law.  Recently, I followed the case of a Connecticut ambulance company who fired its employee over rants she made on Facebook about her supervisor.  The National Labor Relations Board (“NLRB”) asserted that such communications was protected speech under law.  In February, the NLRB announced a settlement with the ambulance company.  The company agreed to change its blogging and Internet policy, which had barred employees from making disparaging remarks against the company or its supervisors.

In what would be the first government lawsuit against an employer over comments posted on a social media web site, the NLRB informed Thomson-Reuters that it planned to file a civil complaint on behalf of Ms. Deborah Zabarenko, Reuter’s environmental reporter, accusing management of illegally reprimanding her over a public Twitter posting where she criticized management.  Ms. Zabarenko’s bureau chief called her at home the morning after the post to inform her that the company policy obligated her not make any comments that would damage the reputation of Reuters News or Thomson-Reuters.  In a subsequent interview, Ms. Zabarenko said that she felt intimidated and threatened by the conduct of bureau management.

This just continues to highlight the emergence of how social media is triggering issues related to corporate governance and employment/labor law.

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