When Facebook Replaces the Water Cooler at Work
The National Labor Relations Board has taken a bold, provocative stand. It remains to be seen, however, if its position will hold up in court.
The outcome is likely to determine what legal protections workers enjoy when discussing their employer on social media sites like Facebook.
First, some background: A woman by the name of Dawnmarie Souza, who worked for American Medical Response in Connecticut, mocked her supervisor on Facebook after she was asked to respond to a customer complaint about her work.
Souza, who worked as an emergency medical technician for the ambulance service, was fired. The NLRB then stepped in, accusing American Medical of unlawfully firing her. According an article in the New York Times, labor officials and lawyers view this event "as a ground-breaking case involving workers and social media."
"This is a fairly straightforward case under the National Labor Relations Act – whether it takes place on Facebook or at the water cooler," Lafe Solomon, the NLRB's acting general counsel, told the Times. "It was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that."
The company, which has denied the labor relations board's allegations, is sure to mount a vigorous legal challenge.
The Times' story by Steven Greenhouse also noted that Souza's online criticism of her boss included "using several vulgarities to ridicule him." According to the NLRB, her online comments "drew supportive responses from her co-workers."
The complaint filed against American Medical by the labor relations board has already prompted a reaction in the business community. Morgan, Lewis & Bockius, a Philadelphia-based law firm with a large employment practice, sent out an advisory to its clients, warning all private sector employers to take note, according to the Times. A hearing on the case is set to begin in January 2012.
But the message for business owners is clear. Employees have a right to discuss working conditions at their company – at the water cooler or on Facebook.
