Briefly, under Section 7 of the National Labor Relations Act (NLRA), employees are guaranteed “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection” 29

Dilbert.com

Certainly social networking sites like Facebook, LinkedIn, blogs, and Twitter provide employers with opportunities to obtain useful, legitimate, and relevant information about a job applicant. But the above Dilbert comic by Scott Adams underscores that there are also risks in using such social media outlets to screen job applicants.  

Specifically, if employers use social media

Targeting Social Media.jpg

It is no secret that the NLRB has put employer’s social media policies and employee discipline discharges arising out of social media (a/k/a Facebook Firings) in its cross-hairs.

This fact was recently highlighted in another NLRB Press Release (9/7/11) where an administrative law judge found that a Buffalo nonprofit organization unlawfully discharged five