Wednesday, February 16, 2011

trash talking the boss

Here's an interesting case of someone who trash talked the boss on facebook (calling him/her a pyscho basically, was fired and the National Labor Relations Board ruled that her firing was not justified and interfered with a workers right to free speech. Did she get rehired? No. Will she have a hard time getting another job? Yup. SO will it be open season on bosses online? Who knows.

Here's the article from CNN Money dated February 8, 2011 by Julianne Pepitone

NEW YORK (CNNMoney) -- A Connecticut ambulance service that fired an employee for posting negative Facebook comments about her boss has settled with its former worker, resolving a case that was poised to test new legal ground in labor law.

In October, National Labor Relations Board filed a complaint against American Medical Response of Connecticut over the firing of employee Dawnmarie Souza. A hearing in the case had been scheduled for this week.

The case received widespread attention for its groundbreaking attempt to set legal limits on employers' Internet policies.

The NLRB said AMR's Internet posting policy was "overly broad" and "contained unlawful provisions." The complaint called out a specific AMR policy that prohibited employees from making negative remarks on the Internet about the company or its employees.

The NLRB said that policy was in violation of the National Labor Relations Act, which gives employees the right to discuss "the terms and conditions of their employment with others."

As part of the settlement, AMR said it would revise its policies so they do not "improperly restrict" employees from discussing their employment outside of work.

The allegations involving Souza's firing were resolved in a separate agreement. Details were not disclosed.

1 comment:

The Nerdy Nurse said...

People need not forget that even though we do have freedom of speech, our words are not without consequences. Freedoms come with responsibilities.
And if you go online and make an ass-hate of yourself, well prepare for potential consequences in the "real world".
The lines of reality and internet are constantly being blurred and are evening disappearing with the increasing frequency in the use of social media. Our online image is reflective of our real life image and vice-versa. If you don't want someone to judge you for your statements, you should not make them - on facebook, at the nurses station, or to your employers face.