Test Your Knowledge: Derogatory Facebook Post

Read Your Employee Calls You a “Scumbag” on Facebook:  Can You Fire Them before trying to answer this question.

Amy, Josette and Suzanne, ophthalmic technicians, are unhappy with one of their colleagues, Pam, who is frequently absent.  Her absences create extra demands on their time and workload.  Amy, along with a few of her colleagues complained to Janna, their office manger; however, nothing was done.  The following Saturday Pam called in sick…again!  Several days later, Amy posted the following on her Facebook wall “Pam called in yet again.  Once again we had to scramble to cover the patient load.  If anyone has additional details about Pam’s absence this past Saturday or any of her other missed days please contact me.”  One of Amy’s Facebook “friends” gave a copy of the posting to Janna.

Amy’s Employee Handbook contained the following Social Media Provisions:

Rule 4:  Employees are prohibited from using any social media that may violate, compromise, or disregard the rights and reasonable expectations as to privacy or confidentiality of any person or entity.

Rule 5:  Employees shall not communicate or post anything that could constitute harassment, embarrassment, or defamation of the medical practice or of any employee, representative or staff member.

Rule 6:  Employees are prohibited from making any statement that lacks truthfulness or that might damage the reputation or goodwill of the practice, its staff or employees.

A week later Janna fired Amy for her Facebook posting because her posting violated the above terms of her Employment Handbook.

Amy files a complaint with the National Labor Relations Board.  Who should prevail in this action, Amy or ABC Eyes, LLC.?

Answer will be posted tomorrow.