Social Network Warning – Employers Should Use Caution in Disciplining Employees for On-line Statements

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An article by H. Andrew Matzkin and Tyrone P. Thomas from Mintz Levin's Employer, Labor & Benefits newsletter. 

The article provides information regarding disciplining employees for comments made on the internet or social media networks, and states, "On-line postings of employees related to the workplace are of obvious interest to employers. However, there are risks to employers who discipline employees for posting statements relating to the conditions of their workplace."

The article cites some real examples of employees terminated for social network posts, and court rulings that required the reinstatement of those employees.  In addition, the article goes on to state, "Employers should also be aware that the National Labor Relations Act protects both organized and non-organized employees, and, among other things, protects the rights of all employees (whether or not unionized) to discuss and engage in other concerted activity relating to their working conditions. Indeed, the Hispanics United ruling serves as a notice to all employers that this will be a growing and continuing concern.

Employers should consult with their legal advisor on the content and application of their social media policies for compliance with federal and state labor laws. In addition, employers should exercise care before investigating or disciplining employees for comments published on social networking sites."