Interfering with Employee Speech

August 3, 2011Articles Human Resources Executive

Marvin Weinberg authored an article on interfering with employee speech as it applies to social networking sites.

As more and more users join social networking sites, more and more instances of employees outing employers online have occurred. But what many employers do not know is that the law, according to the National Labor Relations Act (NLRA), prohibits employers from interfering with an employee's right to engage in "protected and concerted activity" or, in other words, the ability to openly discuss working and wage conditions.

However, writing inappropriate and offensive Twitter postings that do not involve protected concerted activity are not protected by the NLRA.

To avoid negative comments, employers should write a clearly defined social networking policy.

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