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CAN I BE FIRED FOR FACEBOOKING?

(In re American Medical Response of Connecticut, Inc.)

The National Labor Relations Board recently settled a claim of In re American Medical Response of Connecticut, Inc., against an ambulance services for its unlawful discharge of an employee who made disparaging comments about her supervisor on her home computer Facebook page. The company claimed that the posted comments were only a fraction of why she was terminated, but instead her termination was due to serious complaints about her behavior.

The Board held that the company’s policy prohibiting blogging and internet posts disparaging, discriminating or defaming the company when discussing the company or its superiors, co-workers or competitors was overly broad and interfered with the employees rights. While the case settled, it was a great victory for the employee’s rights to freedom of speech, and overturning many employers over reaching and restricting work policies. It also sends a message to employers to be careful when drafting their policies, or a suggestion to the employer to revamp their policies when trying to restrict or discipline employee behavior relating to the use of social media sites.

If you have any questions regarding these or similar issues, or feel that you have been harassed or limited in your ability to express yourself on such social media sites, please call Mark & Galusha, LLC, attorneys who specialize in Freedom of Speech cases. Contact us at the "contact us" page, or by calling 908-626-1001 or 973-440-2311.

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