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Believe It or Not, NLRB Protects Foul Facebook Attack on Supervisor

Nelson Cary, a partner in the Vorys Columbus office and a member of the labor and employment group, authored an article for titled “Believe It or Not, NLRB Protects Foul Facebook Attack on Supervisor.” The article outlined a recent National Labor Relations Board (NLRB) decision that found an employer’s discharge of an employee for a profane Facebook post was unlawful.

The article states:

“In reaching this startling conclusion, the NLRB majority found that the comments constituted protected, concerted activity and union activity in connection with the employees’ attempts to protest and ameliorate what employees believed to be rude treatment by the employer’s managers, including Bob, the subject of the Facebook post.

The NLRB held that the Facebook post was not so egregious as to lose the protection of the National Labor Relations Act.”

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