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Wednesday
Nov102010

Labor Board Says Firing Employee Over Facebook Comments May Be Unfair, Company's Internet Policy Too Broad 

Photo Courtesy - NICHOLAS KAMM/AFP/Getty Images(WASHINGTON) -- For the first time ever, the National Labor Relations Board issued a complaint that an employer engaged in unfair labor practices for firing an employee who made derogatory posts about her supervisor on Facebook.

The labor board issued the complaint against American Medical Response of Connecticut last week for firing medical technician Dawnmarie Souza after she criticized her supervisor online. The board also said that the firm had an overly-broad employee Internet policy.

Images of Souza's Facebook page, provided by a lawyer for the company, show remarks including, "looks like I'm getting some time off. love how the company allows a 17 to become a supervisor," using the company's terminology for a psychiatric patient. Another post describes the supervisor with expletives.

Calls to Souza were not immediately returned.

An attorney for American Medical Response, which provides emergency response and dispatch services, said that Facebook comments were not the reason for the termination of Souza on Dec. 1, 2009. John Barr, a partner with Jackson Lewis, said there were two complaints about Souza from patients and hospital staff within 10 days of each other from October to November 2009.

Barr said the company, based in Colorado, began an investigation into the two behavioral complaints. Souza, who is a member of the International Brotherhood of Teamsters Local 443 union, requested that a union representative be present during an investigatory interview on Nov. 8, 2009. The request was denied by her supervisors, which is when Souza engaged in "concerted activities with other employees" criticizing her supervisor on Facebook, according to the NLRB complaint.

"The chief reason she was terminated was her rude and unprofessional conduct," said Barr. "The two complaints were the reason for the termination. If she had not engaged in this inappropriate conduct, it's very unlikely that she would have been terminated."

The labor relations complaint against American Medical Response also stated the company's "blogging and Internet posting policy" in its employee handbook is too broad.

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