On August 22, 2014, the NLRB found that a Connecticut sports bar illegally terminated employees that criticized their employer’s handling of payroll taxes on Facebook. One employee “liked” a comment posted by a former employee that said “Maybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the tax paperwork correctly!!! Now I OWE money …. Wtf!!!!” The other added to the post, stating “I owe too. Such an asshole [referring to the owner].” The NLRB rejected the employer’s argument that such behavior was disloyal and disparaging beyond the protection of the act. Rather, the Board found this activity protected under the NLRA.
The Board also found in a 2-1 decision that the bar’s “Internet/Blogging” policy interfered with employees rights under the NLRA. The policy banned “inappropriate discussions about the company, management, and/or co-workers.” Such an imprecise ban could reasonably be understood by employees to prohibit NLRA-protected activity.