The National Labor Relations Board recently held that an employer's decision to terminate three employees for Facebook postings, as well as the company's creation of a policy prohibiting wage and salary disclosure violated Section 8(a)(1) of the National Labor Relations Act ("NLRA").

The employees had raised concerns regarding the management practices of their supervisor, and continued their complaints in Facebook postings that included statements that "It's pretty obvious that my manager is as immature as a person can be and she proved that this evening even more so. I'm unbelievably stressed out and I can't believe NO ONE is doing anything about it. ?" Shortly after posting on Facebook, the employees were let go. The company's justification for the termination was apparently shifting, and included claims that the employees' were fired for insubordination, improper use of company computers, and/or other performance concerns. In concluding that the Administrative Law Judge properly held that the terminations were improper, the NLRB reasoned that the Facebook statements were made as part of a discussion between coworkers focused on mutual aid and protection that constituted protected and concerted activity. The Board also concluded that the employer's policy prohibiting disclosure of wages and compensation information to any third party or other employee was overbroad and violated the NLRA. Read more.