Case Study

The NLRB has made findings regarding the use of employee posts on social media sites to discipline or terminate those employees. Typically, these cases occur when an employee posts negative information about his or her current employer or boss. Sometimes, these are public, and other times, the employer uses spies or fake friending to see the Facebook page of the employee.

1.Find at least one case or article online regarding this topic, and briefly explain the facts of the case, and the determination of the NLRB as to whether the employee was properly or improperly disciplined or terminated as a result of his or her use of social media to complain about, criticize, or publicly bash his or her company or boss. Provide the citation to the article that you discover. (Use the term concerted activity in your query or search to help you find one of these cases.) (25 points)

2.Do you agree with the decision of the NLRB or court in the case that you described in Question #1 above? Why or why not? (1–3 paragraphs). (10 points)

3.Assume that this case happened at a place where you have worked in the past, or where you work now (or want to work.) Give an example of how the decision in the case above could lead to better or worse employee relations in your company. (15 points)

4.Explain how you would communicate this decision to your employees or supervisors (depending on the decision you have selected) to ensure that situations like this do not occur again. In your answer, determine whether or not you feel a social media policy is a good method. If so, list at least three things you would include in your policy and why you would include them. If you do not feel a social media policy is appropriate, explain why you would not implement one (give at least two valid reasons). (3–4 paragraphs) (15 points)

Answer

1. The NLRB has made findings regarding the use of employee posts on Social Media sites to discipline or terminate those employees. Typically these cases occur when an employee posts “negative” information about their current employer or boss. Sometimes these are “public” and other times the employer uses “spies” or “fake finding” to see the Facebook page of the employee.

Find at least one case or article online regarding this topic, and briefly explain the facts of the case, and the determination of the NLRB as to whether the employee was properly or improperly disciplined or terminated as a result of their use of Social Media to complain about, criticize, or publicly bash their company or boss.

In Washington, a construction company called Rain City Contractors fired five employees for posting a video on YouTube in regards to dangerous work conditions. A video was posted in 2008 showing three employees voicing their concerns with the public of what it is like to work for this company. About 2 weeks later they were fired along with 2 people they thought were involved as well. Their work place conditions were horrible. They were never trained with the hazardous chemicals they worked with but they were forced to wear badges that stated they were certified to work with them.

The NLRB determined the video was protected because the employees voiced concerns about safety, (Protected Concerted Activity). A complaint was issued for the case to appear in court. On the second day of trail, the company settled with the employees.

2. Do you agree with the decision of the NLRB or court in the case you describe in question #1 above? Why or why not?

I do agree with the decision of the NLRB because these workers feared for their lives and safety. The employees were trying to get the word out about this company and try to get them to change their ways. They more likely didn’t want to get fired, they wanted to feel safe and get treated like humans not just slave worker. What would it be any different if they called someone from the city to complain about the unsafe environment they work in? It is the same concept. A video everyone can see and the government, I believe, has to provide this information as well.

3. Assume this case happened at a place you have worked in the past or where you work now (or want to work.) Give an example of how the decision in the case above could lead to better or worse employee relations in your company.

Well there was an incident at my work that involved an employee taking bad about a customer on Facebook. I work in a restaurant and the server got a bad tip from a customer. So he thought it was smart to post it on Facebook about the bad tip she got. To make matters worse, she knew the person and used their name. Our manager got a call the next day about it from the customer. The customer must have seen it and was furious. I would be too if that was me.

The employee got fired because it states in our handbook that we are not allowed to talk about our company on any social media. That includes guests, managers, workers and even secrets. I don’t know how many know secrets of the company but we are not allowed to talk about it. I feel the company was right in firing her because she crossed the line about saying the customer’s name in her Facebook. The company doesn’t want those kinds of works there, because they always have a sour taste in their mouth.

4. Explain how you would communicate this decision to your employees or to your supervisors (depending on the decision you have selected) to ensure that future situations like this do not occur again. In your answer, determine whether you feel a social media policy is a good route to go or not. If so, list at least 3 things you would include in your policy and why you would include them. If you do not feel a social media policy is a good route to go, explain why you would not implement one (give at least two valid reasons.)

If I was a manger in any company, I would have meeting to discuss this. This is unacceptable in any work place. I would make sure that there was a policy set in stone referring to social media. In this meeting or even one on one, I would make the employees sign this policy. By having them sign the policy, they can be held accountable for their actions. If anyone chooses to talk about the company they can and or will be terminated.

By having a policy in place, there are guidelines the employees must follow. Depending on the company will depend on what can and cannot be blasted on social Medias. Working in a restaurant, there should be not talk of guest, managers, and district managers, confidential information (recipes, financial information). By doing this the employees put the company and themselves at risk for any kind of attack from outsiders wanting to get in.

Reference:

Protected Concerted Activity, n.d. Retrieved on November 11, 2012 from http://www.nlrb.gov/concerted-activity