NLRB Files Complaint for Employee Fired for Facebook Postings

November 3, 2010 ( – The National Labor Relations Board’s ( NLRB) alleges that an ambulance service illegally terminated an employee who posted negative remarks about her supervisor on her personal Facebook page.

The complaint also alleges that American Medical Response of Connecticut, Inc. illegally denied union representation to the employee during an investigatory interview, and maintained and enforced an overly broad blogging and internet posting policy.  

According to an NLRB news release, the employee requested and was denied union representation when asked by her supervisor to prepare an investigative report concerning a customer complaint about her work. Later that day from her home computer, the employee posted a negative remark about the supervisor on her personal Facebook page, and posted additional negative remarks after receiving supportive responses from her co-workers.   

The company suspended and later terminated the employee saying her postings violated the its internet policies.  

The announcement said an NLRB investigation found the employee’s Facebook postings constituted protected concerted activity and the company’s blogging and internet posting policy contained unlawful provisions, including one that prohibited employees from making disparaging remarks when discussing the company or supervisors and another that prohibited employees from depicting the company in any way over the internet without company permission. The NLRB concluded such provisions constitute interference with employees in the exercise of their right to engage in protected concerted activity.  

A hearing on the case is scheduled for January 25, 2011.