Under the National Labor Relations Act, employees have the right to talk to each other about improving work conditions, and the board viewed the Facebook conversation as an example of just that.
Earlier this year, a court settled another complaint by the NLRB citing that same right, this time involving a union issue at the American Medical Response of Connecticut.
In that case, the judge ruled the terminated employee’s Facebook comments, which took issue with her boss’ handling of a customer complaint, were considered “protected concerted activity” under the NLRA.
Outside the workplace, though, reactions to negative social media comment may not get people fired, but they can get them ousted from an establishment. This was the case for Allison Matsu, who was having drinks at Houston’s Down House and posted a tweet calling the bartender a “twerp.”
The bar’s tech savvy general manager realized the tweet came from inside the premises and asked Matsu to leave.
The reinstatement of the workers in Buffalo includes a provision to fully restore their back pay. But while the ruling is good news for those who want to vent their work frustrations on Facebook or other social media outlets, finding more discreet ways of venting may be wise to avoid future hassles.
x x x."
