Q. Can I fire an employee for making disparaging comments about the company and its supervisors on social media?
A. According to a recent Second Circuit opinion, if the social media post was made in the context of union organizing activity, then the answer likely is no. The National Labor Relations Act (“NLRA”) prohibits employers from terminating an employee based on that employee’s union-related activity. If the employee’s protected activity rises to the level of “opprobrious” or abusive conduct, however, it could lose the protection of the NLRA. Nonetheless, the standard for a finding that the employee engaged in “opprobrious” or abusive conduct is quite high.
Continue Reading Profanity-Laced Social Media Posts May Be Permissible in the Context of a Union Organizing Campaign