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ARTICLE · 14 JULY 2011

Multinational Employers Face Multiple Facebook Rulings

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Recent prosecutions by the National Labor Relations Board have the employer community all atwitter over the Board’s apparent social media policy.

United StatesEmployment and HR

Recent prosecutions by the National Labor Relations Board have the employer community all a twitter over the Board's apparent social media policy. While social media law is too new and undeveloped to give a clear picture, the Labor Board's approach appears to give employees broad latitude to disparage their employer on Facebook and similar social media sites – viewing the online exchanges more like water cooler conversations among coworkers than public broadcasts to actual or potential customers.

Early indications are that foreign tribunals are taking a different approach. In several recent cases, they have affirmed the employers' right to dismiss employees for comments made in social media forums.

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