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Is It Wrong To Fire Woman Who Trashed Boss on Facebook?


By

Jaya Saxena

Published Nov 9, 2010

Modified Nov 9, 2010


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An example of a classic Facebook-related firing.

 


By

Jaya Saxena

Published Nov 9, 2010

Modified Nov 9, 2010


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After numerous horror stories about people getting fired after posting something dumb on Facebook, most of the nation's employed have learned to save their office badmouthing for in-person rant sessions. But in a case that could set status updates everywhere free, the National Labor Relations Board has filed a complaint against the American Medical Response of Connecticut, after they fired an employee for bad-mouthing her boss on Facebook. Lafe Solomon, the board’s acting general counsel, told the Times, “Whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that."

The company said it fired Dawnmarie Souza "based on multiple, serious complaints about her behavior." Souza was reportedly annoyed that her supervisor would not let a union representative help her with a customer complaint response, and used vulgarities to mock her supervisor on Facebook. The company said in a statement that they believe "that the offensive statements made against the co-workers were not concerted activity protected under federal law," but the board's Hartford office director Jonathan Kreisberg said, "You’re allowed to talk about your supervisor with your co-workers. You’re allowed to communicate the concerns and criticisms you have. The only difference in this case is she did it on Facebook and did it on her own time and her own computer."

So, should companies be allowed to fire employees based on whatever Internet policies they feel, or should your friends brace for some major, legal boss-bashing?

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