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ARTICLE · 18 JUNE 2013

Termination Over Derogatory Facebook Comments Not Unfair Labor Practice

Fenwick
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A medical office lawfully terminated its employee for sharing profanity-laced, derogatory comments on Facebook.

United StatesEmployment and HR
Michael Sands
Michael Sands
Victor Schachter
Victor Schachter
Saundra Riley
Saundra Riley
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A medical office lawfully terminated its employee for sharing profanity-laced, derogatory comments on Facebook. A former employee set up a group Facebook message to coordinate a social event with seven current employees and three former employees. In the course of discussions, a current employee ("Employee") bemoaned that the office would be re-hiring a former employee and speculated the person would be supervisor. She also stated that the office was "full of shit . . . They seem to be staying away from me, you know I don't bite my [tongue] anymore . . . [F---] . . . FIRE ME . . . Make my day . . . ." No current employees participated in this portion of the group message. About two hours later, Employee observed that she felt abandoned and there was "[n]o one to make me laugh." Another current employee responded that she made Employee laugh and "it's getting bad there [at the office], it's just annoying as hell. It's always some dumb shit going on." Employee confirmed

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