Disparaging Social Media Discussions: Protected Activity According To The NLRB

In what can only be seen as a further erosion of Employers’ rights under the current NLRB, the Board has ruled that employees are protected from any job action when they actively participate in social media discussions that disparage their employer.  The message from this administration’s Board is that disloyal and damaging behavior of employees must be tolerated by an employer.

The combined cases of Triple Play v. Sazone, 34-CA-012915 & Triple Play v. Spinella, 34-CA-012926 revolved around the comment thread of a former Triple Play worker, Jamie LaFrance.  Ms. LaFrance posted:

“Maybe someone should do the owners of Triple Play a favor and buy it from them.  They can’t even do the tax paperwork correctly!!!! Now I OWE money…Wtf!!!!

Spinella “liked” the post and Sanzone later commented:

“I owe too.  Such an asshole.”

Ms. LaFrance later accused the Employer of stealing the tax money.

“…such a shady little man. He prolly [sic] pocketed it all from all our paychecks. … Thank goodness I got outta there.”

The Board recognized that an Employer has a legitimate interest in stopping and preventing disparagement of their products, services, or reputation.  However, the Board continued by holding that these interests must be weighed against the interests of the employees.  Ultimately it held that Spinella’s and Sanzone’s actual comments did not rise to a level of disloyalty sufficient to lose the Act’s protection.

Another anti-business ruling from a Board that promises to continue down the same path.  Employers are well-advised to carefully evaluate their actions against this backdrop of the current state of NLRA enforcement.  This is likely to remain the direction of this NLRB for the foreseeable future.  Be aware that the landscape is constantly changing.  If you have any labor relations questions, NLRA can answer them.  Reach out to us today.[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]