Facebook! Facebook! Facebook! This social media for networking that seemingly started out innocently is causing more problems by the day. There have been several instances in which things done, written and posted on facebook backfired, very much to the detriment of the user. A good example is the New York Times article (see link http://www.nytimes.com/2010/11/09/business/09facebook.html?src=ISMR_AP_LO_MST_FB) which reported on how a worker in Connecticut, America got fired for crticising her boss on facebook, her words of which sparked a general conversation amongst her other colleagues. Due to the sensitivity of the issue, the case put forward by the National Labour Relations Board (NLRB) will be heard by an administrative judge on the 25th of January 2011.
On the one hand, the NLRB argues that workers' free speech rights should be extended to social media. In the words of Mr Lafe Solomon, the NLRB's acting counsel, "This is a fairly straight forward case under the National Labour Relations Act 1935, whether it takes place on facebook or at the watercooler, it was employees talking jointly about working conditions, in this case about their supervisor and they have a right to do that". Under the Act, workers have the right to discuss working conditions and unionization although it does not clearly state the means. Hence, leaving room for speculation that it does not apply to social media discussions. On the other hand, the company argues that the worker in question had breached its policy of prohibition from making disparaging remarks about the company and colleagues.
It will be interesting to see how this pans out because this is a ground breaking case that might influence decisions all over. If the outcome favours the company, then it might be foreseeable that within the next decade, there may be some sort of facebook police censoring everybody's freedom of speech. With all the political correctness going on, suffice it to say that this may not just be an absurd opinion if it happens. But then again, there is also the risk that if the decision does favour the worker, it might open the flood gates and the lines on what can be freely said may become blurred. One thing is for sure though, there will be plenty of court battles in the next coming years for things done, written and posted on the internet. Rest assured entertainment would not be lacking for most of these things are ridiculous in their entirety.
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