NLRB Complaint Leaves Employers Reviewing Social Media Policies

Attorneys are advising employers to reexamine their social media policies in light of a recent complaint filed by the National Labor Relations Board that distinguishes harmful social media postings from those about improving workplace conditions, according to an American Medical News report.

The NLRB filed the complaint this month against American Medical Response of Connecticut, an ambulance company that fired an employee after she mocked and criticized her supervisor on Facebook. The online content was posted after the supervisor would not allow a union representative to help the employee prepare a response to a customer complaint.

The NLRB said the comments, which drew a response from co-workers, were considered “protected concerted activities,” meaning they included two or more employees addressing their employer about improving working conditions and pay. Other scenarios that fall under the legal concerted activities umbrella include an employee speaking to his/her employer on behalf of him/herself and one or more co-workers about improving workplace conditions, or two or more employees discussing pay and other work-related issues with each other.  

Social media policies that entirely prohibit employees from making statements about their workplace are a potential liability, according to the report. Policies should be specific, allowing employees to discuss working conditions with co-workers.  

Read the American Medical News report on the National Labor Relations Board complaint with social media.

Read more about social media and hospitals:

-5 Hospitals Using Social Media to Their Advantage

-More Hospitals Hire Social Media Managers To Train Physicians On Proper Use

-7 Best Practices For Hospitals and Social Media


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