Venable partner Ron Taylor was quoted in a September 15, 2011 Data Guidance article on a recently released report by the National Labor Relations Board’s general counsel on cases involving employers’ policies that restrict employees from posting on social media sites.
Commenting on the reaction of employers to the report, Taylor said, “Many employers likely perceive that the Board's protection for employees who may be engaged in group activity are too protective because the decisions sometimes require employers to tolerate objectionable and intemperate comments that could be disruptive or hurt feelings.” Noting that protections for employees have boundaries, Taylor added, “Of course, the protections are not without boundaries and co-workers who feel that they have been defamed or ridiculed may have claims against an employee posting critical remarks such as defamation or some forms of privacy claims, such as intrusion upon seclusion.”
Commenting on the reaction of employers to the report, Taylor said, “Many employers likely perceive that the Board's protection for employees who may be engaged in group activity are too protective because the decisions sometimes require employers to tolerate objectionable and intemperate comments that could be disruptive or hurt feelings.” Noting that protections for employees have boundaries, Taylor added, “Of course, the protections are not without boundaries and co-workers who feel that they have been defamed or ridiculed may have claims against an employee posting critical remarks such as defamation or some forms of privacy claims, such as intrusion upon seclusion.”