Employer Restrictions on Social Media Use May Be Subject to Lawsuits

Many employers put broad restrictions on the use of social media by their employees with respect to posting commentary about the workplace. The assumption is that the employers have the right to do so because the factual scenario serving as the basis for the speech is taking place on their private property, and is therefore not subject to the same free speech requirements of a public setting. But in a recent court case, the settlement agreement reached included the employer's agreement that they could not "improperly restrict" employees from discussing their work on social networking websites, as doing so would constitute a violation of the National Labor Relations Act ("NLRA"). Ronnie Gipson, founding partner of San Francisco law firm Higa & Gipson, LLP, says employers should reexamine their restrictions on social networking; if their policies are overly strict, they may be risking a lawsuit.

In the precedent-setting case [Case No. 34-CA-12576] in Hartford, Connecticut, the employer, an emergency medical services provider, demanded that one of its employees submit a written incident report in connection with an ongoing investigation that had the potential to lead to disciplinary action for the employee. The employee requested that a union representative assist her with the preparation and submission of the incident report. The employer denied that request. The employee submitted the report and received disciplinary action as a result. The employee subsequently made entries on her Facebook account about the working conditions to include the incident and the people involved. When the company became aware of the postings, the employee was terminated for violating the company's Internet posting policy.

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Source: sfgate.com