When Complaining About Your Job on Facebook Can Get You Fired

Employment law blogs, including Porter Wright’s Employer Law Report and Ogletree Deakins’ Employment Law Matters, have been discussing an Advice Memorandum recently released by the National Labor Relations Board that addresses when an employee may be fired over negative comments about an employer on social media, and when such messages constitute "protected concerted activity" under the National Labor Relations Act. The case involves private Facebook group messages written between current and former employees of Tasker Healthcare Group (doing business as Skinsmart Dermatology). During a group message discussion initiated to organize a social event, one employee took the opportunity to express some dissatisfaction with her supervisor and with the company in general. Among other comments, the employee (who the NLRB memo refers to as the Charging Party) wrote that the company is "full of shit … They seem to be staying away from me, you know I don’t bite my [tongue] anymore, FUCK … FIRE ME … MAKE my day …" No other current employees participated in that part of the conversation, but later on, one employee did write that "it’s getting bad" at Tasker and that "it’s just annoying as hell. It’s always some dumb shit going on." The morning…
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