A couple of months ago, Laddey, Clark & Ryan, LLP published an E-Alert discussing the importance of social media and internet policies. A recent complaint brought by the National Labor Relations Board illustrates why clear and articulate social media and internet policies are important for every employer. It also illustrates the importance of having an attorney review employment policies to assure compliance with local and federal law.

There is no expectation of privacy in what an individual posts on the internet. In Connecticut, an emergency medical technician was fired for violating the employer’s policy that barred employees from depicting the company “in any way” on Facebook or other social media sites. The emergency medical technician was charged with posting vulgar comments about her supervisor on her Facebook page, to which numerous co-workers replied.

The National Law Relations Board filed a complaint against the employer stating that the employer’s Facebook policy violates the National Labor Relations Act (“NLRA”), which permits employees the right to discuss working conditions amongst themselves. This employee’s statements on her Facebook page are argued as being a “concerted protected activity,” which right is protected by the NLRA.

The employer issued a statement alleging, “The employee was also held accountable for negative personal attacks against a co-worker posted publically on Facebook” amongst other charges. The company further stated that the employee was terminated based on multiple, serious complaints of behavior. The complaint is being heard before an Administrative Law Judge this week.

Laddey, Clark & Ryan, LLP urges all employers to consider implementing a social media policy and updating it regularly.

If you have any questions about any of the issues raised in this Employer Alert, or any employment and labor issue or concern, please call Thomas Ryan, Esq., Michael S. Garofalo, Esq., or Ursula H. Leo, Esq., of Laddey, Clark & Ryan’s Employment and Labor Practice Group at (973) 729-1880.