Second Circuit Rules Facebook Rant Was Protected Activity: An Interview with Ian Carleton Schaefer

Employment Law This Week

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Employment Law This Week (Episode 70: Week of May 1, 2017) has released bonus footage of its interview with Ian Carleton Schaefer, a Member of the Firm at Epstein Becker Green.

As Mr. Schaefer discusses, the Second Circuit recently ruled that an employee’s Facebook rant was protected activity. In the midst of a tense union campaign, a catering company employee posted a profanity-laced message on Facebook. The post insulted his supervisor and encouraged colleagues to vote for unionization. The employee was subsequently fired. Upholding an NLRB ruling, a panel for the Second Circuit found that the post was protected under the NLRA and the employee should not have been terminated. The Court noted that Facebook is a modern tool used for organizing.

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