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A Guide to Navigating Social
  Media in the Workplace
Based on the 2012 National Labor Relations Board
              Social Media Report




                                                   photo credit: kdonovan_gaddy via Flickr cc
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 office
Under 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 Report
In 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 Rights
The 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 You
You 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 Rights
As 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)Rights
Under “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.

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A Guide to Navigating Social Media in the Workplace

  • 1. A Guide to Navigating Social Media in the Workplace Based on the 2012 National Labor Relations Board Social Media Report photo credit: kdonovan_gaddy via Flickr cc
  • 2. 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
  • 3. Criticism amplified beyond the office Under 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.
  • 4. Navigating the NLRB Report In 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.
  • 5. Understanding Your Rights The 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.”
  • 6. 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.
  • 7. How Section 7 Applies To You You 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.
  • 8. 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
  • 9. Understanding Your Rights As 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.
  • 10. Understanding Section 8 (a)(1)Rights Under “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
  • 11. 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.