NLRB Reverses More Facebook Firings

NLRB-Facebook-firingsHispanics United of Buffalo, Inc. helps the Latino community in western New York. The company fired five employees for allegedly bullying a coworker via Facebook posts.

It all began with some text messages between two employees, Marianna Cole-Rivera and Lydia Cruz-Moore. Cruz-Moore apparently felt that certain employees weren’t doing enough to help their domestic-abuse clients, and this finally rubbed Cole-Rivera the wrong way.

She took it to Facebook, posting:

Lydia Cruz, a coworker feels that we don’t help our clients enough at [Hispanics United]. I about had it! My fellow coworkers how do u feel?

Four employees posted follow-up messages that they disagreed with Cruz-Moore’s assertions.

Cruz-Moore also posted, telling Cole-Rivera to “stop with ur lies about me.”

She then complained to management, and Hispanics United discharged Cole-Rivera and her four coworkers claiming their remarks constituted “bullying and harassment” in violation of a “zero tolerance” policy.

An administrative law judge initially determined the terminations were invalid, and the NLRB upheld the decision, noting:

  • The employees’ activity was “concerted”.
  • The employer knew of the concerted nature of the employee’s activity.
  • The concerted activity was protected by the National Labor Relations Act.
  • The discharges were motivated by the employees’ protected, concerted activity.

Meanwhile, Google+ is gaining ground against Facebook. Maybe the NLRB and the Supreme Court will be dropping terms like “plussing” and “hangouts”.



Submitted by Chaunce Stanton

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