Dismissals Based on Social Media Policy—“Absurd Results”

The National Labor Relations Board continues to receive complaints that employees were unlawfully terminated for alleged violations of their employers' social media policies. This Board, which has a majority of members appointed by a Democrat, has been quite willing to cast a critical eye on these policies. A recent case, where the employer terminated two employees for their posts on Facebook, shows again that some policies and terminations are unlawful while others aren't ( Butler Medical Transport , Case 05‐CA‐094981, July 27, 2017).