To some, a recent labor board ruling about social media marks the end of workplace civility. To others, it’s a boost to protected speech.
The National Labor Relations Board concluded in April that a New York catering company was wrong to fire a worker who posted an expletive-filled rant on Facebook against his boss and his boss’s family. It was the latest in a series of controversial NLRB rulings about what speech on social media is protected as “concerted” employee activity. This is a rapidly evolving area of oversight—the labor board issued its first Facebook-related decision in September 2012—and some lawyers say the agency went too far this time.
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