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Fired Over Facebook Comments. Is It Legal?

This is a bit of the Holy Grail for me. Social Media + Legal + HR Policy = Lawsuit

Short version of what will become a long story:

A customer made a complaint about an employee who was asked to prepare a report on what happened. She asked for and was denied access to a union rep. That evening she hopped on her personal computer at home and wrote some not nice things about her supervisor and some coworkers joined in.

The employee was terminated.

The employer, American Medical Response, has an Internet policy and says the employee was in violation of it.

The National Labor Relations Board is saying something about "concerted activity" between employees.

The difference being if she has said her supervisor sucked and was a horrible person she might not be protected but because others joined in talking about workplace conditions she may be.

Click National Labor Relations Board for their statement.

I have a lot of questions about this and few answers as I am still torn over should an employee have the right to say what they want about the employer. But what if the employer is damaged.

What do you think... can we say what we want about our boss and company or do they have some protection?

Here is an interview from CNBC today:

 

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