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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]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). [/quote]

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.[/quote]

Hmmm....I'm just wondering, because I've screwed up on facebook before and[b] by accident, liked something, or sent a friend request. Especially on my iPad, if you hover over something it's pretty sensitive. this wouldn't apply to OP since she blatantly wrote an update, but I'm wondering if someone could argue they didn't mean to like something. [/b]Seems like it would be pretty plausible. [/quote]

Of course. All those "likes" could turn into "unlikes" or explained as accidents.  OP will be left standing alone.

[/quote]

Anyone who knows NLRB case law knows this is ludicrous. No ALJ (and certainly not this NLRB) is going to buy that the "likes" were all accidents.  Not to mention, there are a couple of recent cases that characterize certain discussions (e.g., about wages) as "inherently concerted" because they go to the heart of one's employment.  This effectively removes any requirement that there be any actual concerted activity (not sure what the appellate courts would have to say about this).  Additionally, you don't have to actually engage in concerted activity WITH other employees, if you are, by yourself, discussing a truly "group" concern (in other words, if you are saying "we we we" rather than bitching about your own situation). [/quote]

You obviously misunderstood what I was saying. Who would say that all who liked the post were accidents? I'm talking about, couldn't one individual say they inadvertently hit like and didn't mean to if they were being sued? That is my question. Seems it would be pretty plausible.

[/quote]

No person who clicked like would have any reason to claim they inadvertently did so, because they wouldn't be "sued" (or charged with a ULP) for doing so.  The employer would be in legal trouble, not the employees who clicked like.  I think you are misunderstanding a lot of stuff here. [/quote]

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