Rescinding Employment Offer for Insubordinate Facebook Posts Lawful: NLRB | Practical Law
In Richmond District Neighborhood Center, the National Labor Relations Board (NLRB) affirmed the findings of an administrative law judge (ALJ) that an employer lawfully rescinded re-hire letters to individuals who posted details of potential egregious insubordination without infringing on their rights under the National Labor Relations Act (NLRA) to concertedly complain and seek to change the terms and conditions of their employment. The NLRB noted that it evaluates purported insubordinate statements or conduct using an objective standard and that an employer may discharge an employee before the employee takes announced or planned insubordinate actions.