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Expert Analysis

Loose Lips Have Lots Of Leeway At The NLRB

Law360, New York (April 15, 2015, 11:48 AM EDT) -- The Facebook wars continue at the National Labor Relations Board. In November we reported on a case in which the NLRB upheld the discharge of two employees who engaged in an expletive-laden exchange on Facebook about their plans to disrupt the workplace and flaunt employer policies and procedures.[1] Now, a three-member panel of the NLRB has held that an employee who was fired after calling his manager a "nasty motherfucker" on Facebook did not lose the protection of the National Labor Relations Act and had to be reinstated to his job. See Pier Sixty LLC, 362 NLRB No. 59 (March 31, 2015)....

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