Employer Law Report

Tag Archives: Facebook firing

Daughter’s Facebook brag underscores the enforceability of confidentiality clauses in settlement and severance agreements

We all understand the importance of including a confidentiality clause in settlement, severance, and separation agreements. While nothing can prevent a departing employee from going on a conspicuous shopping spree or driving around town in a flashy new car with his/her settlement dollars or severance payment, employers want to avoid a situation where a former employee openly discloses the amount of a settlement or severance payment and encourages legal challenges by other employees who may have different circumstances than the employee receiving the payment and/or causing discord among current employees who feel cheated by the departing employee receiving a payment …

One Facebook Firing Case. Two Terminations. NLRB Finds Only One Unlawful and Notes How It Treats Malicious and Untrue Posts

In another Facebook firing case, involving two separate terminations, a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) ruled that a company violated and did not violate the National Labor Relations Act (the Act) after terminating employees for posting comments on Facebook. In Butler Medical Transport LLC and Michael Rice and William Lewis Norvell, Case Nos. 5-CA-97810, 5-CA-94981 and 5-CA-97854 (Sept. 4, 2013), two employees were terminated for posting comments on Facebook. One suggested to a former employee that she contact an attorney or the Labor Board. The other, well he just made up some stupid post about …

NLRB Upholds Facebook Firing but Finds Employer Policies Overbroad

Last week, another ALJ for the National Labor Relations Board issued a decision on a case involving an employee claim that he was unlawfully fired for comments made on a personal Facebook page. Though the ALJ upheld the employee’s termination, he also concluded that multiple employer policies were impermissibly over broad.

In Knauz BMW the charging party, a salesman at a BMW dealership, posted two comments regarding his employer on the same day. The first post expressed concerns he had expressed at work regarding the inadequacy of food being served to customers at a sales event and included photos …

First “Facebook Firing” Case Decided by NLRB Administrative Law Judge

Earlier this year, speculation and educated guesses gave way to NLRB General Counsel Advice Memoranda on how the NLRB will address unfair labor practice charges challenging so-called Facebook firing cases. Now we have our first charge that actually has gone to hearing and resulted in an Administrative Law Judge decision.

In Hispanics United of Buffalo, Inc., the employer, a not-for-profit corporation that renders social services to economically deprived residents of Buffalo, New York, terminated five employees for their comments on Facebook after a co-worker had raised concerns about the job performance of other HUB employees. Apparently concerned that the …

NLRB’s “Facebook Firing” Case Against AMR Settles

Earlier this week, the National Labor Relations Board issued a press release announcing the settlement of the NLRB’s Complaint against American Medical Response of Connecticut, Inc. (AMR) in what has become known as the Facebook Firing case.

In that complaint, the Board alleged that that AMR maintained an overly broad handbook policy regarding blogging, Internet posting and communications between employees and had unlawfully terminated an employee pursuant to that policy after she had posted critical comments about her supervisor and responded to further comments from her co-workers. The press release notes that, among other things, AMR has agreed to revise …

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