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Reply to "Fired for "disrespectful" Facebook post about my company!"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]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.[/quote] 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.[/quote] you did not read closely enough. the likes are evidence of coworkers participating in the dicussion. hence, concerted. there is NLRB case law on this. [/quote]
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