Negative Social Media Comments by Employees

Employers have a myriad of questions and concerns about employees use of Social Media, especially when it comes to limiting what an employee may say about the company. No employer wants negative comments about their product, or their employment policies and procedures, put out for the world to see. However, as our world has become more entrenched with social media, disgruntled employees are able to easily reach a wide audience through various avenues of not only their own posting, but their followers/friends then re-posting any thoughts that they may have.

It is important that employers know the rules regarding social media and their employees use of such, and there are plenty of laws that surround an employees rights when it comes to social media.

A recent blog post by Eric B. Meyer, on The Employer Handbook blog, discussed a concluding opinion of a NLRB Administrative Law Judge that addressed negative tweets about employment matters by an employee, and whether or not the Employer could make the employee delete the tweets. The answer is No. “Section 7 protects employees’ right to engage in concerted activities for the purpose of mutual aid or protection”….The tweets concerned wages and working conditions and are protected matters. The issues raised were not purely individual concerns, but  issues common to many employees. “Concerted activities include individual activity where “individual employees seek to initiate or to induce or to prepare for group action, as well as individual employees bringing truly group complaints to the attention of management.”

“How can employers avoid this problem? Look, employees are going to talk about work. Count on it. And a blanket ban on social media discussions about work would violate the National Labor Relations Act. But, you can — and should — encourage your employees to address work issues directly with co-workers, supervisors, HR, other decisionmakers. In most situations, this direct communication is a more effective way to address workplace issues and resolve problems, than venting on social media.”

Source: Can you force an employee to delete critical tweets about the company? NLRB says no.

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