Social Media Concerns
Social networking is growing daily. It’s important to see where your business stands in this ever changing medium. The following is an article from The Seltzer Group’s monthly “WorkComp Advisory” newsletter. This is a relatively new Human Resource situation for employers to deal with; businesses should be prepared and have a policy in place to deal with social media issues.
Read the following article to learn more:
Social media creates an entirely new world of employer risks.
A complaint issued by the NLRB’s Hartford regional office on October 27 alleges that an ambulance service illegally terminated an employee who posted negative remarks about her supervisor on her personal Facebook page. The complaint also alleges that the company, American Medical Response of Connecticut, Inc., illegally denied union representation to the employee during an investigatory interview, and maintained and enforced an overly broad blogging and Internet posting policy.
When asked by her supervisor to prepare an investigative report concerning a customer complaint about her work, the employee requested and was denied representation from her union, Teamsters Local 443. Later that day from her home computer, the employee posted a negative remark about the supervisor on her personal Facebook page, which drew supportive responses from her co-workers, and led to further negative comments about the supervisor from the employee. The employee was suspended and later terminated for her Facebook postings and because such postings violated the company’s Internet policies.
An NLRB investigation found that the employee’s Facebook postings constituted protected concerted activity, and that the company’s blogging and internet posting policy contained unlawful provisions, including one that prohibited employees from making disparaging remarks when discussing the company or supervisors and another that prohibited employees from depicting the company in any way over the internet without company permission. Such provisions constitute interference with employees in the exercise of their right to engage in protected concerted activity.
Employers should consider reviewing their company’s social networking policy in light of the NLRB’s pending decision.
A hearing on the case is scheduled for January 25, 2011.
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The Seltzer Group with locations in Schuylkill Haven, Orwigsburg, and Pottsville, Pennsylvania, serves businesses and individuals locally, regionally, and on the national level. The Seltzer Group is a proud member of the Keystone Insurers Group.