Yarelyn Mena and Edgar M. Rivera, Esq.
In Three D, LLC (Triple Play), the National Labor Relations Board (NLRB) ruled that Section 7 of the National Labor Relations Act protected employees from termination where they made disloyal social media speech while discussing the terms of their employment. This decision gives clarity regarding how Facebook “likes” and thread comments are to be treated where the underlying post is protected by Section 7.
In this case, Triple Play Sports Bar and Grille (Triple Play) incorrectly calculated several of its employees state income tax withholdings, resulting in employees owing additional state taxes. After employees complained, Triple Play’s owners organized a meeting to discuss the issue. Prior to the meeting, a former, though affected, employee, Jamie LaFrance, posted on her personal Facebook account, “[Triple Play] can’t even do the tax paperwork correctly!!! Now I OWE money…Wtf!!!!” This posting led to current Triple Play employees discussing a plan to address the tax issues at the meeting.