Chances are that a large portion of your workforce uses some form of social media. The activities and comments your workers make on social media sites, however, may be protected. When dealing with negative statements made about you or your business on Facebook or Twitter, it is always in your best interests to consult with a skilled lawyer. The Garcia & Gurney, A Law Corporation lawyers have considerable experience in this relatively new and complicated area of employment law. We can review your case and determine the best course of action for you to take.
According to the National Labor Relations Board, “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities.” It should also be noted that the NLRB extends certain rights — specifically the right to engage in concerted activity — to non-union workers.
A nonunion employee’s concerted activity is also protected by the National Labor Relations Board. Concerted activities are those designed to benefit the common interests of employees. In the context of social media, statements, posts and replies made about you or your business may be concerted activity if other employees are involved. Social media sites are essentially a secondary water cooler and are fast becoming a place where employees are able to complain about the conditions of their employment.
Thus, before you take disciplinary action against a worker for a Facebook rant against your company, you should consult with the Pleasanton employment lawyers at Garcia & Gurney, A Law Corporation. We can carefully assess your case to determine if concerted activity exists or if a single irresponsible worker is solely at fault. Depending on the nature of the comments made by your employee and whether another one of your employees corresponded with him or her, you may or may not be able to take action.
As an employer, your focus is on reducing liability and increasing profitability. When an employment issue hinders your ability to operate your business, Garcia & Gurney, A Law Corporation is ready to provide you with knowledgeable counsel. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.