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Second Circuit “Likes” the NLRB’s Ruling on Facebook Activity

Second Circuit “Likes” the NLRB’s Ruling on Facebook Activity

05 November 2015

Closely Held Business World BLOG

A federal appeals court recently affirmed an administrative agency decision that an employer unlawfully discharged two employees for their Facebook activity.

The Facts

In January 2011, several employees of Triple Play Sports Bar and Grille (“Triple Play”) learned that they owed more than they expected in state income taxes. On January 31, a former employee posted the following status update on Facebook: “Maybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the tax paperwork correctly!!! Now I OWE money…Wtf!!!!”  One Triple Play employee, Vincent Spinella, “liked” the status update and another, Jillian Sanzone, commented: “I owe too. Such an asshole.” After learning of their comments, Triple Play discharged Spinella and Sanzone for their “disloyal” Facebook activity. Read the full article.