Early Lessons From the NLRB on Workplace Social Media

This article is a good update to my 2012 blog post, Social Media and the NLRB's Crackdown on General Language (October 27, 2012):

Early Lessons From the NLRB on Social Media
posted Amy Rosenberger in Corporate Counsel

Lydia Cruz-Moore didn't like the way her co-workers did their jobs, and she wasn't afraid to say so. When she told one of them, Marianna Cole-Rivera, that she planned to talk to the boss about it, Cole-Rivera reached out to her colleagues for their input. She posted the following on her Facebook status: "Lydia Cruz, a coworker feels that we don't help our clients enough at [employer]. I about had it! My fellow coworkers how do u feel?"
The co-workers responded, objecting to Cruz-Moore's criticism. Cruz-Moore posted her own response, accusing Cole-Rivera of lying. Then she reported the exchange to her boss — the employer's executive director — who had her print out the Facebook exchange and turn it in. The executive director thinks it sounds like bullying and harassment by Cruz-Moore's co-workers, and the employer has a zero-tolerance policy for that sort of thing. But can she lawfully fire the co-workers for their online activity?

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Early Lessons From the NLRB on Social Media