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Scooped by Deb Nystrom, REVELN
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Knocking The Boss on Social Media? The NLRB Weighs In & Reverses the Outcome

Knocking The Boss on Social Media?  The NLRB Weighs In & Reverses the Outcome | The Social Media Learning Lab | Scoop.it

With the rise of social media, many business owners have sought to control what their employees post on the various social networks. But as the owners of Triple Play Sports Bar and Grille in Watertown, Conn., learned during recent litigation, employers may have less authority than they think.

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Employers may have less authority than they think.
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In August, a three-member panel of the National Labor Relations Board in Washington concluded that Triple Play violated the National Labor Relations Act when it fired two employees over comments made on Facebook about a Triple Play owner. The N.L.R.B. also determined that Triple Play’s written social media policy violated the Labor Relations Act. 

    

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   ....the restaurant violated the law by threatening to sue them for their Facebook activity.

   

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Triple Play violated the law when it fired Ms. Sanzone and Mr. Spinella, the N.L.R.B. found that the restaurant violated the law by threatening to sue them for their Facebook activity. The board also found that the restaurant’s social media policy was unlawful because employees could reasonably interpret it to mean they could not engage in activities that the Labor Relations Act protects. Specifically, the N.L.R.B. concluded that the word “inappropriate” was subject to imprecise interpretation by employees.

     

The N.L.R.B. issued an order that required Triple Play to refrain from the type of actions that led to this lawsuit, and to take several affirmative steps. These included:

  • revising its Internet/blogging policy, 
  • offering reinstatement to Ms. Sanzone and Mr. Spinella within 14 days, and 
  • compensating both former employees for any lost earnings and adverse tax consequences they may have suffered.

     

As always in REVELN ScoopIt news, click on the photo to see the full post.


Related posts by Deb:

     

    
     

       

        

  • Stay in touch with the monthly Best of the Best news, taken from Deb's  9 multi-gold award winning curation streams.  Preview it here, via REVELN Tools.

        

  • Are you local to SE Michigan?  Find out more about horse-guided leadership development sessions (no fee demos) for individuals by contacting Deb, after reviewing her coaching page here.  

    
Photo by Maria Elena on Flickr. 

Deb Nystrom, REVELN's insight:

It is wise to stay on top of how specific you'll need to be in your social media policy and how judicious you need to be before you follow the advice of just your own lawyers,  Consulting others in this situation along with the lawyers would have helped.  ~  Deb

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Yes, You CAN Get Fired For Trashing Your Company on Facebook & the National Labor Relations Act

Yes, You CAN Get Fired For Trashing Your Company on Facebook & the National Labor Relations Act | The Social Media Learning Lab | Scoop.it

This is a useful cautionary example involving a non-profit, the National Labor Relations Board, lawyers and two employees in conversation on Facebook.

     

Generally speaking:

     

  • One employee, griping alone on Facebook about his employer, can be fired; but,
          
  • Two employees, complaining together on Facebook about their employer, cannot be fired.
        

The distinction is that the two employees are engaged in concerted activity — group discussion of workplace issues — which, even in a non-union private-sector workplace, is protected via the National Labor Relations Act.

Deb Nystrom, REVELN's insight:

If you are an employer, it's important to stay on top of trends and precedents on employee chatter about your business in social media.  It will help you define what good faith social media policies are, clarify free speech vs. maligning your employer in social media and discussing workplace issues, how, where, when, what.  ~  D

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Deb Nystrom, REVELN's curator insight, December 5, 2013 1:09 PM

For employers, it's important to stay on top of trends and precedents regarding employee conversations about your business in social media .  This offers help as to the how, where, when, who, what, and why.  It will help you define what belongs in good faith social media policies and clarify free speech.  


From our Social Media Learning Lab news.  (Also just added, getting the full context on "selfies" in social media.)  ~  D

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What to Do When an Employee Violates your Social Media Policy

What to Do When an Employee Violates your Social Media Policy | The Social Media Learning Lab | Scoop.it

...It seems no one is immune to being shown the door over a post that doesn’t sit well with their boss. ....most have remained internal matters ...until now. 


Guidelines to Help Formulate your Social Media Strategy
In one recent case that involved a company's social media policy, the National Labor Relations Board (NLRB) filed a complaint against an employer who fired a staff member for badmouthing her supervisor on Facebook.


The Facebook case was eventually settled out of court and required that the company not discipline employees who are asking for union representation; the company will also revise their employee handbook policy around workers discussing work conditions with their co-workers.


This is obviously scary territory for employers.

  • On one hand, you have the fear of disgruntled employees doing some serious company brand damage online. 
  • On the other, you have the risk of being sued for violating the National Labor Relations Act.
Deb Nystrom, REVELN's insight:

This is a follow on to an earlier ScoopIt about, YES, you can get fired for what you say on Facebook,, however, check out what the National Labor Relations Board has to say about it. ~ Deb

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Maryland becomes first state to ban employers from asking for social media passwords

Maryland becomes first state to ban employers from asking for social media passwords | The Social Media Learning Lab | Scoop.it
Moving to the forefront of social media privacy law nationwide, the Maryland General Assembly has passed legislation prohibiting employers in the state from asking current and prospective employees for their user names and passwords to websites...


It was only a matter of time, and the time is now.


Here are two excerpts:


Other states are considering similar legislation, including Illinois and California.


The bill, drafted in response to a state agency's scouring the personal Facebook posts of prison guard applicants, also could be a bellwether for federal action.


Two U.S. senators — Chuck Schumer of New York and Richard Blumenthal of Connecticut, both Democrats — have asked the Department of Justice and the U.S. Equal Employment Opportunity Commission to investigate the issue.

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