A Guide to Navigating Social Media in the

WorkplaceBased on the 2012 National Labor Relations Board Social Media Report

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DISCLAIMER!The content in this slideshow is not meant to encourage employees to push the boundaries of their employers’ rules.

These guidelines will not necessarily save you from getting fired. But they may aid you in a possible wrongful termination suit.

- Tyler McCarthy

Criticism amplified beyond the officeUnder what circumstances could an employee be fired for Facebook comments that reference his or her employer? When might an employer's rules about Twitter postings be unlawful and impede upon free speech?

As social media use grows more common in the modern business world, it is important for those engaged in private and public discourse online to understand their rights.

Navigating the NLRB ReportIn January 2012, the National Labor Relations Board (NLRB) issued its second social media report, outlining recent conflicts arising from employee use of sites like Facebook and Twitter. The report provides guidance to both employers and employees.

The NLRB works to ensure that workers have rights to combat heavy-handed company policies. It is an employee’s responsibility to know what these rights are and how to apply them.

Understanding Your RightsThe main element courts will look for in a wrongful termination suit involving social media posts is the context of the employee’s offending statements. Online posts could fall under what the National Labor Relations Act has established as an employee’s “Section 7 rights.”

Understanding Section 7 Rights• An employee’s Section 7 rights extend to any

conversation about the workplace that can reasonably be considered as sparking a discussion about conditions in the workplace.

• Discussion about one’s work environment and conditions counts as a “protected” employee activity, according to the National Labor Relations Act .

• In recent years, the NLRB has determined that Section 7 protections are extending to the realm of social media.

How Section 7 Applies To YouYou are allowed to complain about the your workplace online as long as you can argue that what you were saying had to do with your “work conditions.”

You may also need to prove that you had an “intended audience” in mind when you publish comments on Facebook or Twitter. Being friends with other employees goes a long way.

Choosing your words, wisely?

The language that you choose to use on social media does not really matter, as long as you stay within the parameters of your Section 7 rights, although inappropriate and offensive language is never a good idea for your professional reputation.

photo credit: Spencer E Holtaway, Flickr cc

Understanding Your RightsAs social media goes mainstream, U.S. companies are trying to stay ahead of the game by drafting social media policies. By making standards known to employees, the assumption is employers have a right to enforce the company’s social media policies if a violation occurs. However, the NLRB says “Section 8 (a)(1) rights” may come into play.

Understanding Section 8 (a)(1)RightsUnder “Section 8 (a)(1),” an employee could argue that a social media policy drafted by a company was unlawful under the National Labor Relations Act. Employers are prohibited from instituting rules that quash discussion about working conditions.

If it can be reasonably believed that an employer’s social media policy could, in any way, restrict an employee’s established Section 7 rights, then the policy is unlawful and an employee cannot be held to disciplinary action for violating it.

photo credit: Joe Gratz, via Flickr cc

How Section 8 (a)(1) Applies To You

Section 8 (a)(1) exists so that employees do not have to fear the social media policy boogeyman created by their firm.

As long as an employee understands and works within their NLRA Section 7 rights, they will know which parts of their employer’s social media policy holds up legally and which ones do not.