Eyes on social media policies after Conn. firing

Some Long Island attorneys are advising their corporate clients to scrutinize their social media policies after a federal agency found that a Connecticut company illegally fired an employee based on a policy that "contained unlawful provisions" in attempting to control what workers can post online.

The finding by the National Labor Relations Board marked the first time the agency has challenged such policies.

Its investigation, following a union complaint, found that American Medical Response had violated the employee's rights under the National Labor Relations Act, which protects workers who engage in talk about their working conditions. It's the same law that allows workers to discuss unionization.

Fired over Facebook

The ambulance-service company fired technician Dawnmarie Souza on Dec. 1 after she posted comments on her Facebook page disparaging a supervisor who had denied her request for union representation at a hearing, according to the NLRB complaint, or finding, issued earlier this month. The NLRB is seeking back pay with interest for Souza.

The finding has prompted some lawyers who represent employers to take extra care to ensure their clients' social media policies comply with labor relations law.

"Employers should ensure that their social networking or Internet/blogging policies indicate that the company will not enforce the policy in a way that interferes with employees' NLRA rights," Ellen Storch, counsel at Kaufman Dolowich Voluck & Gonzo in Woodbury, wrote in an alert to corporate clients. Peter Schneider, partner at Meltzer, Lippe, Goldstein & Breitstone in Mineola, said that "all policies which purport to limit employee expression must be periodically reviewed."

A right to expression

Although he and other lawyers interviewed stressed that all the facts of the case aren't yet known, he said broad policies like the Connecticut company's could be problematic.

"Employees have a right to express their unhappiness with the way they are treated by their supervisors, he said. "So a policy which prohibits disparaging remarks about supervisors would not likely stand."

He said that also holds for disparaging remarks about a company, with some big exceptions. A policy that prohibits negative comments about a company's products, strategies and business prospects "is probably OK."

The company disputes the NLRB's findings.

"American Medical Response of Connecticut Inc. denies the allegations made by the NLRB and believes the facts will show that they are without merit," the company said. "The employee in question was discharged based on multiple, serious complaints about her behavior."

Souza, from a home computer, posted comments on her Facebook page that said that the company had allowed a "17" to become a boss, lingo for a psychiatric patient, the NLRB confirmed. She identified the boss by name. Because the NLRB and the company couldn't reach a settlement, the case is scheduled to go before an administrative law judge on Jan. 25.