N.Y. Firm Unlawfully Fired Worker for Facebook Postings

In the first ruling of its kind, a National Labor Relations Board administrative law judge has found that a Buffalo, N.Y.-based non-profit organization unlawfully discharged five workers after they posted comments on Facebook related to their work environment. Their online remarks described working conditions, including work load and staffing issues.

The case involves an employee of Hispanics United of Buffalo, which provides social services to low-income clients. After hearing a co-worker criticize other employees for not doing enough, the employee posted those allegations to her Facebook page. The initial post generated responses from other employees who defended their job performance and criticized working conditions, including workload and staffing issues.

Hispanics United later discharged the five employees who participated, claiming that their comments constituted harassment of the employee originally mentioned in the post.

This is the first case involving Facebook to have resulted in an administrative law judge decision following a hearing. The case was heard by Administrative Law Judge Arthur Amchan after a complaint by Rhonda Ley, an NLRB regional director in Buffalo, N.Y.

In his decision, Amchan found that the employees’ Facebook discussion was protected concerted activity within the meaning of Section 7 of the National Labor Relations Act, because it involved a conversation among co-workers about their terms and conditions of employment, including their job performance and staffing levels. Amchan ordered that Hispanics United reinstate the five employees and awarded the employees back pay because they were unlawfully discharged.