NLRB Administrative Law Judge Upholds Employee Termination Based on Facebook Posts

An administrative law judge with the National Labor Relations Board issued an opinion last week holding that the National Labor Relations Act protected an employee’s sarcastic post, but nonetheless upheld the dealership’s termination decision because it was based on other, unprotected Facebook content. The decision is an important reminder for employers that when protected and unprotected content appear on the same Facebook wall, the protected content does not shield the employee from discipline based on the unprotected content. To learn more about the decision and its implications for employers, please continue reading at Littler's Workplace Privacy Counsel.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.