Changes Ahead For Social Media In the Workplace

, Corporate Counsel

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“This is one of the first cases to show how employees can exceed the protection of the [National Labor Relations] Act on Facebook,” said Zahalka. “It can be part of concerted activity, but it may not be protected if it’s so egregious to take it outside the protection of the Act.”

Employees of the center went on Facebook to discuss how they wanted to take the kids in their youth program on field trips without asking the center for permission, and then leave the center to figure out where to find the money to fund the trips. After the center fired them, the NLRB lent its support, finding that the comments were egregious enough to cause legitimate potential harm to the safety of youth and the center’s funding.

“I think one of the things we’ll see in 2014 is developments with respect to this particular dissent and the bounds of when something is so egregious that it might be taken out of the protections of the Act,” Zahalka said.

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    What level of privacy can a user on FB make that would effect whether its discoverable? Are you saying whether i posted it just to friends or to the public?

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