NLRB Issues Memo Finding Firing for Facebook Post Unlawful
February 03, 2022
The National Labor Relations Board (NLRB) has released a Division of Advice memo that considers whether the employer violated the National Labor Relations Act (NLRA) when it fired an employee for a Facebook post blaming employee attrition on bad management practices. Here, the NLRB first concluded that the employee engaged in protected concerted activity because her Facebook post elicited support from coworkers over these management practices and employee attrition. Among other things, the NLRB found that the employee’s post constituted protected activity because it had the object of initiating, inducing, or preparing for group action over the quality of employees’ supervision and employee attrition. The NLRB found that the employer violated the NLRA.