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Expert Analysis

When You Can't Fire An Employee For A Nasty Facebook Post

By Stephanie Caffera, Christopher Gegwich and Alexander Gallin, Nixon Peabody LLP (May 9, 2017, 11:17 AM EDT) -- Employee discipline often can seem like an uphill battle, especially when dealing with the protections afforded to employees under the National Labor Relations Act. Even in a nonunion workplace, the NLRA protects employees who engage in "protected concerted activities," i.e., actions for their mutual aid or protection relating to the terms and conditions of employment. Many employers are not familiar with the NLRA or its protections at all, and for those that are, the level to which these protections extend still may come as a surprise....

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