Facebook Firing Case Reaches Settlement

It looks like there will be no clear cut precedent set on the ways employers can regulate social media. The case of the Connecticut woman who was allegedly fired because of comments she made on Facebook has been settled out of court.

The court case alleged that American Medical Response fired the employee because she criticized her supervisor on the popular social network. If the case had moved to trial, it could have set an important precedent in employment law in how non-working time social media use can be regulated.

According to the National Labor Relations Board (NLRB), “…the company (American Medical Response) maintained overly-broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees, and that it had illegally denied union representation to the employee during an investigatory interview shortly before the employee posted the negative comments on her Facebook page.” As part of the undisclosed settlement with the CT employee, the company will revise its employment policies.

Although no precedent was clearly set into law, organizations can look to the case for guidance in regards to policy. Companies that regulate the public speech of their employees should ensure that their policies are not too broad or vague, and that they uphold their employees’ right to communicate about their employment. Social media has recently thrown a particular focus on employee communications, as Facebook and other social networks have made the dissemination of public information easier.