Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
There's an important case that is being heard by the National Labor Relations Board (NLRB) that has some major implications for work-related social media policies. In fact it has the potential to rewrite the boundaries that many organizations have written with regard to social media.
The case involves an EMT for American Medical Response (AMR) who was terminated at least in part because she criticized her bosses on Facebook. The case raises concerns over just how much control an employer may exercise over an employee's use of social media. In particular, can an employer restrict an employee from representing themselves online as being affiliated with the organization?
Many attorneys have recommended that organizations prohibit employees from mentioning their affiliation with the organization online, or releasing work related information. The purpose of such a policy is to draw a distinct line – a "bright line" – to avoid the inevitable problems associated with trying to regulate the appropriateness of comments made or information provided on a case by case basis. It also minimizes the risk that an employee's social media activities will be confused with the organization's activities.
Should a firefighter be free to to create a web site that could be mistaken for the official fire department web site? How about a Facebook page that appears to be the official organization page, complete with FD logos, patches, photos, etc.? If the NLRB says an employer cannot restrict an employee from identifying themselves as being affiliated with an organization – where will the line be drawn?
