Anonymous wrote:

Anonymous wrote:PP, there is at least one NLRB case on the issue of "likes" being concerted (they are, and it's the same as engaging in a conversation).

Yup, that totally makes sense to me. The whole point of "likes" is that you are showing that you _agree_ with the status update! That's the same thing, these days, as if the OP made her statements in the lunchroom and asked for a show of hands for those who agreed with her. Those who raised their hands = "liking" on FB.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'd fire you for that, too. FWIW.

And, you would have committed a violation of federal labor law.

Not in an at-will state. I can fire whoever I want for disparaging her employer on social media. Hell, I can fire her for picking her nose. You can sue, but you'd lose.

Wrong. The NLRA applies in all 50 states. There is no such thing as an "at-will" state.

Yes, you could fire her for picking her nose, but you cannot fire her for complaining about her working conditions along with other co-workers.
You are right that you could fire her for "disparaging her employer" but it is a fine line between disparagement and talking about working conditions with her co-workers.

If I were you, I would consult an attorney before firing any employees. The NLRB has focused a lot of attention on social media cases recently.

OP wasn't engaging in conversation on Facebook. She made a status and a couples coworkers "liked" the post. Didn't even put an "I agree!"

I haven't researched the issue of "likes," but if I represented the OP, I would argue that other co-workers "liking" her posts was enough to be "concerted" activity. I'm sure there are cases that discuss this. And who knows what other facts there may be that the OP has not shared.

You sound like everything people hate about lawyers. Who's going to protect employers from litigious ambulance chaser idiots like you? Common sense says if you go complain about your employer on social media and your employer sees it, your employer is within their rights to fire you. You make it sound like she has a right to a job.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'd fire you for that, too. FWIW.

And, you would have committed a violation of federal labor law.

Not in an at-will state. I can fire whoever I want for disparaging her employer on social media. Hell, I can fire her for picking her nose. You can sue, but you'd lose.

Wrong. The NLRA applies in all 50 states. There is no such thing as an "at-will" state.

Yes, you could fire her for picking her nose, but you cannot fire her for complaining about her working conditions along with other co-workers.
You are right that you could fire her for "disparaging her employer" but it is a fine line between disparagement and talking about working conditions with her co-workers.

If I were you, I would consult an attorney before firing any employees. The NLRB has focused a lot of attention on social media cases recently.

OP wasn't engaging in conversation on Facebook. She made a status and a couples coworkers "liked" the post. Didn't even put an "I agree!"

I haven't researched the issue of "likes," but if I represented the OP, I would argue that other co-workers "liking" her posts was enough to be "concerted" activity. I'm sure there are cases that discuss this. And who knows what other facts there may be that the OP has not shared.

You sound like everything people hate about lawyers. Who's going to protect employers from litigious ambulance chaser idiots like you? Common sense says if you go complain about your employer on social media and your employer sees it, your employer is within their rights to fire you. You make it sound like she has a right to a job.

Anonymous wrote:Your employer may have committed an unfair labor practice because you engaged in concerted activity by complaining about a workplace condition (no raise) with your co-workers (as evidenced by the "likes" you got). This protected, concerted activity is protected by the National Labor Relations Act-- regardless of whether you were represented by a union (most people don't realize that the NLRA protects them even if they aren't unionized).

Recently the NLRB has pursued many cases on behalf of employees who engaged in protected concerted activity through social media. If you google NLRB and Facebook cases, you can learn more.

I don't know where you live, but go to the NLRB website, and call the Regional Office where your company is located. They will direct you to a Board Agent, where you can file your ULP charge. The Agent will interview you and you can give an affidavit. If there is merit to your allegations, the Region may issue a complaint.

Unfortunately, due to our broken labor laws, you will not likely get your job back or get any back pay for years while your case winds its way through the system. You should start looking for a new job ASAP. Failure to mitigate your damages--by not working-- will reduce any back pay award you may receive (years down the road).

hope this helps.

FruminousBandersnatch wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'd fire you for that, too. FWIW.

And, you would have committed a violation of federal labor law.

Not in an at-will state. I can fire whoever I want for disparaging her employer on social media. Hell, I can fire her for picking her nose. You can sue, but you'd lose.

Wrong. The NLRA applies in all 50 states. There is no such thing as an "at-will" state.

Yes, you could fire her for picking her nose, but you cannot fire her for complaining about her working conditions along with other co-workers.
You are right that you could fire her for "disparaging her employer" but it is a fine line between disparagement and talking about working conditions with her co-workers.

If I were you, I would consult an attorney before firing any employees. The NLRB has focused a lot of attention on social media cases recently.

OP wasn't engaging in conversation on Facebook. She made a status and a couples coworkers "liked" the post. Didn't even put an "I agree!"

I haven't researched the issue of "likes," but if I represented the OP, I would argue that other co-workers "liking" her posts was enough to be "concerted" activity. I'm sure there are cases that discuss this. And who knows what other facts there may be that the OP has not shared.

You sound like everything people hate about lawyers. Who's going to protect employers from litigious ambulance chaser idiots like you? Common sense says if you go complain about your employer on social media and your employer sees it, your employer is within their rights to fire you. You make it sound like she has a right to a job.

She doesn't have a right to a job per se, but she does have a right to do certain things without being in fear of losing her job.

There is, because of its very nature, a power imbalance between employers and employees, and the law exists to address that power imbalance.

That imbalance is why unions exist and why the NLRA was passed.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'd fire you for that, too. FWIW.

And, you would have committed a violation of federal labor law.

Not in an at-will state. I can fire whoever I want for disparaging her employer on social media. Hell, I can fire her for picking her nose. You can sue, but you'd lose.

Wrong. The NLRA applies in all 50 states. There is no such thing as an "at-will" state.

Yes, you could fire her for picking her nose, but you cannot fire her for complaining about her working conditions along with other co-workers.
You are right that you could fire her for "disparaging her employer" but it is a fine line between disparagement and talking about working conditions with her co-workers.

If I were you, I would consult an attorney before firing any employees. The NLRB has focused a lot of attention on social media cases recently.

OP wasn't engaging in conversation on Facebook. She made a status and a couples coworkers "liked" the post. Didn't even put an "I agree!"

I haven't researched the issue of "likes," but if I represented the OP, I would argue that other co-workers "liking" her posts was enough to be "concerted" activity. I'm sure there are cases that discuss this. And who knows what other facts there may be that the OP has not shared.

You sound like everything people hate about lawyers. Who's going to protect employers from litigious ambulance chaser idiots like you? Common sense says if you go complain about your employer on social media and your employer sees it, your employer is within their rights to fire you. You make it sound like she has a right to a job.

Anonymous wrote:Hope OP has proof of those likes! If I were her coworker I'd be racing to my computer to unlike her comment immediately

Anonymous wrote:

Anonymous wrote:Your employer may have committed an unfair labor practice because you engaged in concerted activity by complaining about a workplace condition (no raise) with your co-workers (as evidenced by the "likes" you got). This protected, concerted activity is protected by the National Labor Relations Act-- regardless of whether you were represented by a union (most people don't realize that the NLRA protects them even if they aren't unionized).

Recently the NLRB has pursued many cases on behalf of employees who engaged in protected concerted activity through social media. If you google NLRB and Facebook cases, you can learn more.

I don't know where you live, but go to the NLRB website, and call the Regional Office where your company is located. They will direct you to a Board Agent, where you can file your ULP charge. The Agent will interview you and you can give an affidavit. If there is merit to your allegations, the Region may issue a complaint.

Unfortunately, due to our broken labor laws, you will not likely get your job back or get any back pay for years while your case winds its way through the system. You should start looking for a new job ASAP. Failure to mitigate your damages--by not working-- will reduce any back pay award you may receive (years down the road).

hope this helps.

I think a unilateral post on Facebook is a stretch to construe as "concerted activity" unless OP can convincingly show that it was done in concert with other employees, etc.

Nice try but this argument wouldn't persuade me.

Mainly OP's situation confirms my wonder at why the heck people post these things publicly when it's so easy to trace to the source and nail you for it if they're so inclined. Sense has gone out the window.

Anonymous wrote:Never mind the legal aspect of this, I hope you realize what you did was stupid and immature.

Anonymous wrote:stay off facebook and twitter and social media unless you have 'fuck you' money or 'fuck you' status.

i.e. that you are so much of a baller that if someone at work gives you shit you can tell them 'fuck you' because you are the eliot ness of that bitch.