The employer fired the original author for violating a company policy that barred employees from depicting the company "in any way" on social media.
But the labor relations board said that the policy was too broad and that it infringed on the rights of workers - union and non-union - to engage in "protected concerted activities."
The employer agreed to narrow its policy so it did not restrict employees from discussing wages, hours and working conditions with co-workers and others while not at work.
Employment law attorney Shelly Freeman warned people attending last week's Heartland Labor and Employment Law Conference in Overland Park, Kan., that case law and regulatory opinions are building more slowly than the social media use they're trying to control.
In most workplaces, employees are "at will." Texting or tweeting workers can be fired simply because the boss doesn't think a post reflects well on the company or the individual.
Lawyers and government agencies will successfully object if the firings violate laws governing discrimination, harassment or other legal protections, such as the "concerted activities" cited in the above Facebook case.
But if and until the law catches up with social media use, any worker concerned with job security and any employer concerned with protecting an image online should make sure they're on the same page.
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