Reply to Fired for "disrespectful" Facebook post about my company!

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[quote=FruminousBandersnatch][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I'd fire you for that, too. FWIW.[/quote]

And, you would have committed a violation of federal labor law.[/quote]

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.[/quote]

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.[/quote]

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!"[/quote]

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.  [/quote]

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.[/quote]

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.

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