Has the “Concert” Returned to the NLRB? Facebook Gripes Found Not to be Protected

In Tasker Healthcare Group dba Skinsmart Dermatology, NLRB Div. of Advice, Case No. 04-CA–094222 (issued 5/8/13, released 5/17/13), the NLRB’s Division of Advice concluded that an employer did not commit an unfair labor practice when it fired an employee for profanity-filled comments she made about the Company in a private Facebook group message.

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