EMPLOYERS MAY HAVE RIGHT TO DISCHARGE FOR WORK-RELATED FACEBOOK COMMENTS

Recent memoranda issued by the National Labor Relations Board (the "Board") indicates that the Board will not impose a blanket prohibition on employers disciplining, or even discharging, an employee in response to such employee's work-related social media postings.  In looking at derogatory or inflammatory work-related comments posted by employees on social media websites, such as Facebook, the Board's Office of General Counsel concluded in three separate cases that such comments were not protected activities or communications.  While these recent decisions provide employers with some guidance, there are unfortunately no clear-cut directives on which an employer can rely - at least for now.