Can Your Facebook Updates Get You Fired?

Sometimes.  But you may have more protection than you think.

The National Labor Relations Board is standing up for workers’ right to freely discuss their jobs, bosses and workplaces online, as long as it is “concerted activity.” That means employees can tweet, post on Facebook, blog and use other social media to comment about conditions at work, without fear of retaliation or getting fired – as long as the posts are part of an online conversation between coworkers, or are intended to provoke a response from coworkers.  What remains unprotected is an online personal rant that does not seek a response.

The New York Times’ Steven Greenhouse writes:  

“Many view social media as the new water cooler,” said Mark G. Pearce, the board’s chairman, noting that federal law has long protected the right of employees to discuss work-related matters. “All we’re doing is applying traditional rules to a new technology.”  

… The labor board’s rulings, which apply to virtually all private sector employers, generally tell companies that it is illegal to adopt broad social media policies — like bans on “disrespectful” comments or posts that criticize the employer — if those policies discourage workers from exercising their right to communicate with one another with the aim of improving wages, benefits or working conditions.

Thanks the NLRB’s rulings and advisories, CWA representatives have been able to use the information to resolve social media disputes and to negotiate much better policies that have been either codified in the collective bargaining agreement or established as a mutually agreed to employer policy.

The NLRB administrative law judge recently ordered Dish Network to change its social media policy that prevented workers from making disparaging or defamatory comments about the company.

CWA won a settlement in a dispute about T-Mobile’s social media policy. T-Mobile was forced to inform all of its employees that they will revise its policy so that workers may discuss work related issues on Facebook and similar websites without fear of reprisal.

And, after bringing her case to the NLRB’s attention, Reuters reporter Deborah Zabarenko prevailed in arbitration. Zabarenko, who is also the Newspaper Guild chairperson at the wire service, had tweeted, “One way to make this the best place to work is to deal honestly with Guild members.” The next day, the bureau chief told her the tweet violated rules about publically criticizing the company. But she called out his intimidation and won.

Nevertheless, there are always some exceptions. The NLRB was less understanding when a reporter at The Arizona Daily Star started tweeted, “What?!?!?! No overnight homicide. ... You’re slacking, Tucson.” Another tweet said, “You stay homicidal, Tucson.”

The newspaper fired the reporter for the offensive posts, and the NLRB found the discharge legal.

The main distinction is between personal “venting” – which is not protected – and communications between coworkers about their working conditions. The latter are entitled to protection under federal labor law.