Disciplining Employees For Facebook Comments

Law360, New York (September 15, 2011, 1:31 PM EDT) -- Early in 2011, there was deep concern in the employer community because the National Labor Relations Board issued a complaint against an employer who disciplined an employee for highly derogatory comments she made about a supervisor on her Facebook page. Questions about whether an employer had any right to respond to such comments without violating the National Labor Relations Act were rampant.

But three recent memos from the NLRB's Office of General Counsel show that little has changed from the pre-Facebook analysis of the concept of...
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