Facebook Page Posting Leads to Termination, Unfair Labor Practice

Acting NLRB regional director in Hartford, Conn., issued an unfair labor practice complaint alleging that American Medical Response, an ambulance service, illegally terminated an employee for posting unfavorable remarks about her supervisor on her Facebook page. The complaint also alleges that the companyillegally denied union representation to the employee during an investigatory interview, and maintained and enforced an overly broad blogging and internet posting policy.

When asked by her supervisor to prepare an investigative report concerning a customer complaint about her work, the employee requested and was denied representation from her union, Teamsters Local 443. Later that day from her home computer, the employee posted a negative remark about the supervisor on her personal Facebook page, which drew supportive responses from her co-workers, and led to further negative comments about the supervisor from the employee. The employee was suspended and later terminated for her Facebook postings and because such postings violated the company’s internet policies.

An NLRB investigation found that the employee’s posting constituted protected activity and that the company’s blogging and internet posting policy contain provisions that interfere with employees exercising their right to engage in protected concerted activity.

A hearing is scheduled for January 25, 2011.