Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had appealed the Board’s decision finding that it had violated Section 8(a)(1) of the National Labor Relations Act (“Act”) when it: (1) discharged several employees for their Facebook activities, and (2) maintained an overbroad Internet/Blogging policy.

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