Second Circuit Holds Employee’s Offensive Facebook Post Still Protected Under NLRA

The Second Circuit, deferring to the NLRB’s factual findings, holds that an employee’s offensive and derogatory Facebook post about his boss and his boss’s mother were still protected under the NLRA because it contained union advocacy.  This is the post.


The Court, therefore, held that the employer violated the NLRA by terminating his employment for the post.  It all goes to show how protective the NLRA is of union advocacy, even when it’s laced with vulgarities.

The Second Circuit’s opinion can be found here.

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