The chief lawyer for the National Labor Relations Board (NLRB) knows that guidance on how to craft a lawful social media policy is weak at best. He also knows guidelines for when to discipline employees for improper Internet comments is equally obscure. In January, the general counsel issued his second paper summarizing the NLRB’s decisions on this point. Some general guidelines are emerging, but more questions than answers remain. Consider the following real cases and decide if discipline was proper.
You transfer an underperforming employee to a different division, resulting in reduced pay. Angry at the change, she logs onto Facebook and writes a profanity-laced rant for all to see. She identifies your company by name and says she is "done being a good employee." Several of her Facebook friends, including a few co-workers, post comments in support of her views. In light of her rant, you fire her.
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