In a move that employers are sure to “dislike,” the Second Circuit Court of Appeals has upheld a National Labor Relations Board (NLRB) decision that Facebook “likes” are protected in certain situations. Triple Play Sports Bar and Grille v. NLRB (2nd Cir. 2015).
In this case, a former employee posted that, “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."
Two current employees responded to the post. One left a favorable comment and another simply “liked” the status. The company decided to “unfriend” (i.e., terminate) both employees, prompting them to file Unfair Labor Practice charges with the NLRB. The NLRB ruled in favor of the two employees, and the company appealed.