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Employers want to fire in Facebook

Posted by VdoCity Wednesday, September 28, 2011

No employer wants to go online and find a "faithful" used to criticize the workplace on Facebook. That's why many companies have established policies of Facebook.

However, many employers are surprised to find that in certain situations they can not fire employees on his diatribes Facebook.

Why? Federal law protects "concerted activity" of employees. "Concerted activity" is an action or claim employee to another employee about working conditions.

You may not know, but the dismissal of employees in the protected activity is illegal. So they are too wide to use Internet-policies that may discourage or punish such activities.

For example, say an employee is taken to its Facebook page to complain about work. Placed on the wall that the conditions are "terrible" and that management is deliberately withholding payment of employees.

This is an area protected "concerted activity" by the employee? The line is blurred. If the complaint was meant to be shared with other colleagues, that could be protected.

Proof? "We have some tests before, during or after you are looking for your co-workers to participate in any class action," said Lafe Solomon, general counsel to the National Labor Relations Board.

This does not mean that employees receive a blank slate to criticize the work on Facebook or Twitter. Employees who lead the media to complain only, not on a protected activity. But if you are making an effort to discuss at work, maybe. In response, employers must be careful when developing a policy for Facebook. In general ban on all Internet messages can not be prudent, because it could threaten the employee's right to freedom of expression. Not to mention there is a possibility of a lawsuit.

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