So You’ve Violated the NLRA

September 23rd, 2012 by JBWK

With all the news about social media policies and the National Labor Relations Board delving into topics it’s long ignored, it’s good to look at the consequences of having an unlawful policy.

Take an example: an employer has a social media policy completely prohibiting employees from discussing working conditions online. It violates the National Labor Relations Act, which protects employees’ rights to discuss their collective working conditions, wages, etc.

Simply having the policy isn’t a big problem–if an employee complains to the NLRB, you may have to fix the policy.

The big problem comes when you use that unlawful policy to justify firing someone. If the fired employee complains to the NLRB, you’ll not only have to fix your policy, but likely rehire the employee, give them back pay and benefits, and, quite possibly, be forced to post the NLRB opinion where all your employees can see it.

The important part is not the policy itself, but how you use it.

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