Worker Fired Over Facebook Post: NLRB Files Complaint Against Employer

The National Labor Relations Board (NLRB) filed a complaint against employer American Medical Response of Connecticut. The NLRB filing was on behalf of former employee Dawnmarie Souza, who was fired for posting on her personal Facebook page negative comments about a supervisor.

The saga starts when Souza requested union representation in regard to a customer report and was denied it. Afterward, on her home computer she discussed her supervisor in a negative way on Facebook. Co-workers chimed in online. In response, Souza posted more negatives about the supervisor. Three weeks later she was fired.

NLRB investigated and concluded the Facebook postings were protected concerted activity. It also found American Medical Response of Connecticut's Internet posting policy to contain unlawful sections. Those include:

  • Prohibiting employees from making negative remarks about the company or supervision
  • Requiring permission from the company before depicting it in any way on the Internet

On Jan. 25, 2011, there will be an official hearing on this matter before an NLRB administrative judge. Across the nation, both employers and employees will be watching this one.

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