Category Archives: Social Media

A Recipe for Burrito Disaster: Twitter and the NLRA

In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the company on Twitter and for circulating a petition in store regarding scheduled breaks. Kennedy sued, alleging that his termination violated the NLRA. One of Kennedy’s tweets contained a news article regarding hourly workers having to work on snow days while other workers were off. The tweet referenced Chipotle’s communications director, asking, “Snow day for ‘top performers’ Chris Arnold?” Another tweet involved a reply to a customer who tweeted …

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“Like” It or Not, It’s Protected Activity Under the NLRA

If I’ve heard it once, I’ve heard it a million times:  “It’s employment at will in this state.  I can fire my employees for any reason or no reason at all.”  Well, if that “any reason” or “no reason” has something to do with social-media based condemnation of your company, you might want to think again before permanently “unfriending” your employee. This past week, the Second Circuit affirmed an NLRB ruling that an employee’s Facebook post criticizing her employer (the “Triple Play Bar and Grille”) in connection with its income tax withholding practices (trying to keep this post PG, but …

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Proposed NJ “Facebook” Bill Will Challenge Employers

New Jersey employers will not “like” a so-called Facebook bill that’s pending in the New Jersey Legislature. The bill, which will likely pass, illustrates the trend towards limiting employers’ use of social media for hiring and firing decisions. In its current form, the bill (A-2878) would prohibit employers from requiring a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to a personal account or service through an electronic communications device.