Stephanie Dodge Gournis was quoted in a Human Resource Executive Online article titled, “Addressing ‘Egregious’ Online Behavior.”
Though many National Labor Relations Board decisions have erred toward free-speech protection in social media posts, a recent NLRB ruling found employee Facebook statements of insubordination to be unprotected by the NLRA. On the specific facts of the case, the NLRB determined that explicit online statements were so egregious as to render employees unfit for employment. Stephanie notes that the NLRB likely would have ruled differently on any other set of fact.
"[The decision] shows how far an employee has to go for an employer to be able to act," Stephanie said. "The commentary in the case by the board indicates what could have made it a different situation. They made it clear that there weren't comments that would have made the discussion easily explained away as a joke. It couldn't be explained away as something out of context."