Can criticizing the boss on Facebook get you fired?

Information may want to be free, as the old Internet adage goes--but how far does such freedom extend when it comes to criticizing your boss on social media platforms?

That's the question that the  National Labor Relations Board is putting before an administrative law court. NLRB lawyers are contending that a Connecticut-based ambulance service illegally fired an emergency medical technician after she criticized her supervisor on Facebook, http://www.nytimes.com/2010/11/09/business/09facebook.html?src=ISMR_AP_LO_MST_FB">the New York Times reports.  The case could have broad implications for workers' speech rights as applied to social media.

According to the complaint, Dawnmarie Souza was fired after using vulgarities to ridicule her supervisor in a Facebook post.  Souza also wrote, using the company's terminology for a psychiatric patient: "Love how the company allows a 17 to become a supervisor."

Souza and the supervisor had clashed after the supervisor would not let a union representative help her to prepare a response to a customer's complaint about her work.

[Related: http://yhoo.it/9lP5wd"> New ways banks are spying on you]

The company, American Medical Response, says it has a policy that bars employees from depicting the company on Facebook and other social media sites on which they post pictures of themselves.

The NLRB argues that the rule is overly broad--and that the firing of Souza violates the National Labor Relations Act, which, among other things, prohibits employers from punishing workers for discussing working conditions or unionization. The complaint notes that the comments triggered supportive responses from Souza's co-workers, as well as additional negative comments about the supervisor.

"This is a fairly straightforward case under the National Labor Relations Act," a lawyer for the NLRB told the Times. "Whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that."

But American Medical Response said the firing was proper.

"The employee in question was discharged based on multiple, serious complaints about her behavior," the company said in a statement. "The employee was also held accountable for negative personal attacks against a co-worker posted publicly on Facebook. The company believes that the offensive statements made against the co-workers were not concerted activity protected under federal law."

An administrative law judge will begin hearing the case Jan. 25.

Source: http://news.yahoo.com/s/yblog_upshot/20101109/us_yblog_upshot/can-criticizing-the-boss-on-facebook-get-you-fired

So what do you guys think? Was her termination justified? Should someone be fired for something the post on a social networking site?

Yes.

Depends on what they post,

Well, use the woman in the article as an example. Was her termination justified?

Everytime I hear about a firing because of Facebook, the bosses cop out by saying that there were prior complaints about the employee and it was only coincidental that they were fired when they made the Facebook post....

If there were so many complaints beforehand, why were these people not terminated before the post?

The answer is obvious

Saying your boss is a mental patient in public and behind his back?

Yes.

Hell telling your boss he's a mental patient to his face should be proper grounds for firing.

Having freedom of speech doesn't mean you can't be fired for what you say. 

See: Radio hosts that say racist things.

Personal attacks =/= talking about working conditions.

Well it sounds very serious what she said..  So her termination is justified..   

If one of your workers puts negative personal attacks on facebook I find it hardly to believe he would do 100% his best when the boss asks something. Personally I would fire her aswell I guess. Their is something called 'Respect and Discipline'  99% of the bosses are jerks and to become a boss you have to be a jerk in most cases. So fire here and take someone else who knows what respect and discipline is..

I wouldn't say 99% of bosses are jerks. 

I'd say 70% of bosses need to be able to be a jerk when the time comes.

Because there is always going to be a time where you need to be a jerk to be a successful boss.

Unless you have an assistant manager who can do it for you.

Being the cool boss who isn't a jerk, except when you REALLY are in a bind seemed more effective to me.

Justified to me. I spent some time reading on that Federal Law concerning the situation, it's more about protecting worker unions, being able to state their demands etc. There is discussing and criticizing, and then there is insulting (plus since I haven't seen the exact post, it's not really clear whether she was trying to organize people, to state some demand or criticize. The law doesn't seem to be about venting). I sure hope there isn't a law that forces an employer to keep an employee who writes vulgarities about them/the company (as mentioned in the article, I have no idea what they are, except for the quoted remark.)

I don't see Facebook as something that should be treated differently. Would a boss have to keep that employee if instead of publishing it on Facebook she had told the same thing in person, to several people? Or sent emails to them?

edit: However, that is based on her specific behaviour, not in regard to any employee who writes whatever, in a civil manner, about their company on a website. As such, I do not agree with the company's policy: violating a policy that bars employees from depicting the company “in any way” on Facebook or other social media sites in which they post pictures of themselves.

I'd fire her for sheer stupidity of posting it publically. You don't want idiots without any imagination working for you.