Disciplining Employees for Social Media Posts Checklist

A Checklist of issues for employers to consider when determining whether they may lawfully discipline or terminate a unionized or nonunionized employee for objectionable social media postings. Factors include whether the postings constitute protected concerted activity under the National Labor Relations Act (NLRA), as well as consideration of state laws protecting lawful off-duty conduct. The Checklist is jurisdiction-neutral.

This Checklist references NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In a ruling announced on June 26, 2014, the US Supreme Court in NLRB v. Noel Canning affirmed the ruling of the Court of Appeals for the District of Columbia Circuit that the recess appointments to the NLRB were invalid. The Supreme Court's ruling could effectively invalidate hundreds of NLRB decisions decided by invalidly appointed recess appointees.This Checklist is in the process of being reviewed and updated in light of the Supreme Court's ruling.

Practical Law Labor & Employment


The full text of this resource is available by logging in or by requesting a trial. If you have any questions, please contact us or your Practical Law Account Executive.

Free trial

A free trial will give you:

Unlimited access to our online legal know-how services during the trial period
Full training and support
Four issues of Practical Law The Journal, the companion to Practical Law online
Weekly update e-mails on current legal developments in your practice area

Log in using Practical Law username

Only use this login if you have not set up OnePass for Practical Law

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247619655234", "objName" : "Disciplining Employees for Social Media Posts Checklist", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/0-519-0033/001?null", "pageType" : "", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "2514739c5:158c3672c33:5792", "analyticsSessionCookie" : "2514739c5:158c3672c33:5793", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }