Posts Tagged ‘employee rants’

My Boss is a Sadistic Cockroach

December 6, 2011

The National Labor Relations Board has recently begun warning employers that restrictions on employee use of social media may violate labor laws for both union and non-union employees.  This is because the 1935 Wagner Act generally protects the right of employees to talk to each other to discuss employer conduct, wages and working conditions, so-called “concerted activity.”  According to legal experts cited in yesterday’s Wall Street Journal, name-calling plain and simple probably isn’t protected, but more than a 100 employers have recently been accused of improper application of social media policies as it relates to employee comments online.  The NRLB has so far left a number of areas unclear such as the relevance of an employee posting a rant from a workplace computer, but it seems clear to us that this is another case in which employers need to be very cautious about censoring or firing employees for anti-company or anti-supervisor statements.  The NLRB may yet deem that a posting on Facebook by someone with workplace colleagues as friends constitutes de facto “concerted activity.”  This is just another area in which social media has opened up a new avenue for potential reputational damage and a further reason why handling your “talent” well has become a critical brand strategy.