Second Circuit Says Facebook Profanity Directed At Employer Is Protected

Loren L. Forrest, Jr. is Senior Counsel and Edward Frischling is an Associate both in our New York office.

HIGHLIGHTS:

• The U.S. Court of Appeals for the Second Circuit affirmed the National Labor Relations Board's finding that two employees were unlawfully terminated despite using profanity and "liking" profanity-laced Facebook posts directed at their employer.
• "Liking" and commenting on a co-worker's or former co-worker's disparaging and profanity-laced tirade about their employer can be protected concerted activity.  
• Employees may be able to use profanity about their employers when discussing the terms and conditions of their employment on Facebook and other social media websites.