Maybe they should have served bratwurst?
A National Labor Relations Board Administrative Law Judge ruled this week that Knauz BMW, a Chicago area car dealership, did not wrongfully terminate an employee for his Facebook postings. Back in May the NLRB alleged unlawful termination of an employee for posting photos and comments on Facebook that were critical of the dealership.
The fired employee in question, a car salesman, and coworkers were allegedly unhappy with the quality of food and beverages at a dealership event promoting a new BMW model. Salesmen complained on Facebook that their sales commissions could suffer as a result. (See BMW Dealership Wrongfully Fired Person for Facebook Posts?)
Following the event, the salesman posted photos and commentary on his Facebook page critical that only hot dogs (not bratwurst?) and bottled water were being offered to customers. Other employees had access to the Facebook page.
During the hearing it turns out that the employee’s posting to Facebook involved two incidents, one involving the hot dog sales event and another involving an accident at an adjoining dealership, owned by the same company, where a vehicle was driven into a pond.
Judge Biblowitz found that while the Facebook postings involving the sales event and the subsequent exchange of comments with other employees was protected activity, the postings involving the accident were not. Further, the judge found that the salesman was terminated for the accident postings, and therefore not protected under the National Labor Relations Act.
However, Judge Joel P. Biblowitz also found that the dealership had an overly broad employee policy, and ordered posting of a notice informing employees of their right to engage in protected concerted activity.
