Facebook Survey Firing Lawful; Unprotected Comments Prompted Discharge: NLRB General Counsel's Office | Practical Law
The Office of the General Counsel at the National Labor Relations Board (NLRB) recently released an advice memorandum recommending dismissal of an unfair labor practice (ULP) charge against a purported employer for discharging two individuals for publishing results of a survey on Facebook which included an allegation by an anonymous survey-taker that arguably defamed the purported employer. The allegation was unprotected by Section 7 of the National Labor Relations Act (NLRA) because it did not concern employment terms and conditions.