NLRB Upholds Termination of Employee for Facebook Postings

A National Labor Relations Board Administrative Law Judge ruled last week that a Chicago area car dealership did not wrongfully terminate an employee for his Facebook postings. However, Judge Joel P. Biblowitz also found that the dealership had an overly broad employee policy, and ordered posting of a notice informing employees of their right to engage in protected concerted activity. The case involved two Facebook postings by a single employee.  The employee's first post involved a dealership sales event.  The second post involved an accident at another dealership.

The employee's first post chided the dealership for offering its customers hot dogs and bottled water, and included photos.  The National Labor Relations Board held that this post was protected activity, because the employee discussed with his co-workers how sales could suffer as a result of the apparently "low-rent" offerings.

The second post included photos of an accident involving a car from another dealership that was accidentally driven into a pond.  The National Labor Relations Board found that this post was not a protected activity.

Because the employee was terminated for making the second post, the National Labor Relations Board Judge found that the employee was not terminated for engaging in protected activity, and that the employer was justified in making the decision to terminate.

The bottom line - think before you post.  Or better still, make it your policy to never post about your job or work-related matters.  If you have any questions, contact Granovsky and Sundaresh PLLC.