The National Labor Relations Board has handed down numerous decisions over the past few years, ruling that what may appear to be bad behavior by employees is actually protected concerted activity under Section 7 of the National Labor Relations Act. Usually the board gets the last word, but in Triple Play Sports Bar & Grille v. NLRB, the case made it to the U.S. Court of Appeals for the Second Circuit.
Unfortunately for Triple Play, a Connecticut restaurant that was in trouble with the labor board, the court only echoed the NLRB. The appeals court confirmed that Triple Play did not have the right to terminate employees who used social media to post negative and even profane comments about restaurant management. And, in an unprecedented move, the board and the appeals court voided a provision of the employee handbook that forbade online critical comments about the company.
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