Has your company ever “dooced” anyone? “Dooce” is the term used among the internet and social media savvy to describe someone who has been fired for their website or online content. Many in the business world have heard stories of employees being fired for discussing, in an online setting, how much they dislike their jobs. Business owners who learn (whether firsthand or anecdotally) of these public declarations have chosen to terminate these employees under the rationale “Why should I employ someone who is disparaging their job at my company for all to see?” This type of discharge has been generally accepted as a legitimate business decision and rarely challenged on legal grounds.

However, a recent case in Connecticut may cause employers to pause before making such decisions in the future. An EMT posted on her Facebook page some insulting and disparaging comments about her immediate supervisor, referring to him at one point as a “17” (which in the EMT world means a psychiatric patient.) The EMT was terminated shortly after making these comments, presumably under a rationale similar to that described above. In this situation, the National Labor Relations Board (NLRB), the government agency that helps enforce the National Labor Relations Act (NLRA), filed a complaint against the employer over the termination. The NLRB argued that the employer’s decision to terminate this EMT afoul of the NLRA because her post on Facebook was actually a “discussion” with co-workers about the terms and conditions of her employment. Under the NLRA, discussion of an employee’s terms and conditions of employment is a protected, concerted activity. A hearing on the matter has been set for January, 2011.

In the meantime, companies should review their Internet and Social Media policies to ensure they have the proper balance of company protection and compliance with laws such as the NLRA. I discussed this topic and other legal issues surrounding Social Media and Internet usage t in a webinar held on December 7, 2010. The webinar, hosted by AIR Technologies, was entitled “Blogs, Social Media and Other Double Edged Swords: Why your Company Needs a Social Media and Internet Usage Policy.” If you would like access to a replay of this webinar, please contact me at 414-276-2850 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you have specific questions about your company’s policies or need assistance in drafting or revising current policies, please contact your Petrie & Stocking attorney or any of the attorneys in our firm’s Labor & Employment group.

Lindsey King