Over the past few years, the National Labor Relations Board has ruled against employer policies that stop employees from discussing the terms and conditions of their employment on social media. Last month, however, the NLRB dismissed a complaint by a former employee of a Teen Center in San Francisco after the Center rescinded his rehire offer based on an inappropriate Facebook conversation.
The individual in question posted complaints about the Center in a Facebook exchange with another employee of the Center. The discussion was detailed, and included suggestions that the employees disregard Center policy, teach the Center’s clients inappropriate behavior such as drawing graffiti on the walls and playing loud music, and admitted to not helping if kids under their care were lost.
Under the Labor Relations Act, employees are protected in their right to complain about the terms and conditions of employment. Employees lose this protection, however, if the activity is particularly egregious or makes them unfit for future service. The NLRB found that the Facebook exchange rose to this level, and the Center did not violate the Act when rescinding the offer of employment.
Employers should be wary of prohibiting employee engagement in social media, but can take certain social media conversations into account if they are particularly egregious.
