The National Labor Relations Board Office of the General Counsel recently released a new advice memorandum after considering whether an employee at H&M Construction engaged in protected concerted activity by posting comments on Facebook about how the company’s employees were treated by their general contractor. The General Counsel found that the employer violated Section 8(a)(1) of the National Labor Relations Act…

Butler Medical Transport had a social media policy that provided, “I will refrain from using social networking sites which could discredit Butler Medical Transport or damage its image.” After being terminated, an employee posted on Facebook that she believed her termination was unjust. A still-employed employee responded, “Sorry to hear that but if you want…

Two employees who conspired together to commit insubordination at work were properly terminated because their actions, while relating to terms and conditions of employment, were so egregious that they lost the protection of Section 7 of the National Labor Relations Act. Specifically, two camp-counselor type employees planned at length how they would replace the “happy-friendly-middle…

Why do so many of the Facebook firing cases occur in the ambulance industry? Oddly, I represent many ambulance companies and none of them have ever encountered a Facebook firing situation that I am aware of. In Butler Medical Transport, LLC, two employees were terminated for posting comments on Facebook. One suggested to a former…

The latest Facebook lawsuit involves an ambulance company that took action against two employees for posts on those employees’ respective Facebook pages. A paramedic for Monmouth-Ocean Hospital Service Corp (MONOC) lost a federal court lawsuit that alleged her employer illegally accessed and used a Facebook post to discipline her. Stated in the affirmative, an ambulance…