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Not All Employee Speech on Social Media is Protected

As many Orange County business owners should be aware, the National Labor Relations Board continues to focus on the issue of social media in the workplace. While the NLRB routinely gives employees some leeway for what some might consider “unprofessional” social networking etiquette, a recent pro-employer decision indicates that there is in fact a line in the workplace that employees can cross. This means, that as a California employee, you may be limited in what you can say online.

The recent case involved two employees that had a profanity-laced conversation via Facebook about their employer. After receiving a screenshot of this conversation, the employer, a non-profit organization based in California, made the decision to terminate the two employees, citing concerns based on their Facebook conversation.