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Concerted Activity and Social Media

Did you post negative comments on a social media site like Facebook or Twitter about your employer recently? And were you fired as a result of those comments? If so, you may be protected under what is known as concerted activity.

The National Labor Relations Board defines concerted activity as occurring, “when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.” In addition, the NLRB further explains that a single employee may be protected under concerted activity if he or she is “acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action.”

Thus, if you have been fired for engaging in any of the following behaviors on a social media site, you may be able to take action against your employer for unlawfully terminating you:

  • You and at least one other employee discussed improving your pay or addressed your employer about improving your pay.
  • You and at least one other employee used a social media site to discuss issues at work other than pay, including safety concerns or illegal activity.
  • You posted a comment on your employer’s Facebook page, on behalf of one or more co-workers about improving work conditions.

It is important for you to realize that simply ranting about work conditions on a social media site does not constitute concerted activity — the individuals you correspond with must be fellow employees. Since the laws regarding concerted activity and social media are fairly new, it is in your best interest to speak with a skilled employment law attorney to obtain further advice about your case.

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Neil H. Deutsch
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About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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