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Company settles federal suit on worker's Facebook firing
The case sets a precedent as the first time the NLRB has intervened on behalf of a worker fired for making negative online comments.
Source:
AHN
Reporter:
Kris Alingod
Location:
Washington, DC, United States
Published:
February 8, 2011 1:04 p.m. EST
Topics:
Science And Technology, Transport, Labor, Employee, It/computer Sciences, Business, Economy, Business And Finance
An ambulance company has settled a complaint from the National Labor Relations Board about its firing of a paramedic over comments she posted on Facebook.
American Medical Response of Connecticut has agreed to revise its policies prohibiting workers from making negative remarks about the company and supervisors, and "depicting the company in any way over the Internet without company permission."
The case sets a precedent as the first time the NLRB has intervened on behalf of a worker fired for making negative online comments.
The NLRB filed a complaint against AMR last October for enforcing "an overly broad blogging and internet posting policy." The agency added that the company's firing of an employee, Dawnmarie Souza, was illegal because discussing work and one's superiors online is federally protected speech.
Souza lost her job in late 2009. According to the NLRB, American Medical Response of Connecticut had required her to submit a report on a customer complaint about her. During the company's probe of the customer's feedback, Souza requested but was illegally denied representation from her union, Teamsters Local 443. She later criticized her supervisor on her personal Facebook page, gaining the sympathy of co-workers.
American Medical Response of Connecticut had dismissed the complaint, saying Souza was held accountable for her online comments and removed because of repeated and serious complaints about her behavior.
The company has reached a separate and confidential settlement with Souza, according to the NLRB.
Under the terms of the federal settlement with the NLRB, AMR will revamp its policies to allow employees to discuss wages, hours and working conditions. The company must ensure that employees will not be fired over such discussions, which are protected under the National Labor Relations Act.
The company also agreed not to deny workers requests for union representation, or to threaten with discipline employees who seek the assistance of their union.
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