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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
Retired

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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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

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Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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