Are there any circumstances under which it is unlawful to discipline an employee for posting negative comments on Facebook or another social networking site?

Author: Jessica Sussman

Yes. Under the National Labor Relations Act (NLRA), employees, whether unionized or not, cannot be disciplined for engaging in protected concerted activity or group action for the purpose of collective bargaining or mutual aid or protection. Employees have the right to discuss wages, hours, working conditions on Facebook or other social networking sites with coworkers and this activity is protected. Therefore, an employer risks violating the NLRA if the employer seeks to discipline employees who use a social networking site to engage in protected concerted activity and group action to improve working conditions.