Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA
Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of our employees had posted a comment that I don’t pay enough overtime and that I’m, “f—ing cheap,” because I don’t give enough paid vacation. Almost worse, I saw that three other employees “liked” the post. I work hard to treat my employees fairly, and to ensure that I staff adequately so that employees do not need to work overtime. I’m afraid this post is going to hurt employee morale, and I’d like to fire the employee who posted and the ones who liked the post. Is there anything I should consider?