BMW Dealership Wrongfully Fired Person for Facebook Posts?

AutoInformed.com

If the complaint stands should the BMW slogan should be changed to the ultimate dining machine?

Things are tough in the business of selling cars, so much so that at least one person thinks the quality of food can affect sales of the ultimate driving machine. At least that’s the gist of a complaint announced today by The National Labor Relations Board against Knauz BMW, a long-time Chicago area BMW dealership. NLRB alleges 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 that their sales commissions could suffer as a result.

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.

The following week, the dealership’s management asked the salesman to remove the posts, and he immediately complied. Nevertheless, NLRB says that shortly after a meeting with managers on June 16, the salesman was terminated for posting the images and comments.

The complaint alleges that the employee’s Facebook posting was protected concerted activity within the meaning of Section 7 of the National Labor Relations Act, because it involved a discussion among employees about their terms and conditions of employment, and did not lose protection based on the nature of the comments.

Unless the complaint is settled, the Knauz BMW case will be heard by an administrative law judge on 21 July 2011, in the Chicago Regional office of the NLRB.

If the complaint stands should the BMW slogan should be changed to the ultimate dining machine?

About Ken Zino

Ken Zino, editor and publisher of AutoInformed, is a versatile auto industry participant with global experience spanning decades in print and broadcast journalism, as well as social media. He has automobile testing, marketing, public relations and communications experience. He is past president of The International Motor Press Assn, the Detroit Press Club, founding member and first President of the Automotive Press Assn. He is a member of APA, IMPA and the Midwest Automotive Press Assn. He also brings an historical perspective while citing their contemporary relevance of the work of legendary auto writers such as Ken Purdy, Jim Dunne or Jerry Flint, or writers such as Red Smith, Mark Twain, Thomas Jefferson – all to bring perspective to a chaotic automotive universe. Above all, decades after he first drove a car, Zino still revels in the sound of the exhaust as the throttle is blipped during a downshift and the driver’s rush that occurs when the entry, apex and exit points of a turn are smoothly and swiftly crossed. It’s the beginning of a perfect lap. AutoInformed has an editorial philosophy that loves transportation machines of all kinds while promoting critical thinking about the future use of cars and trucks. Zino builds AutoInformed from his background in automotive journalism starting at Hearst Publishing in New York City on Motor and MotorTech Magazines and car testing where he reviewed hundreds of vehicles in his decade-long stint as the Detroit Bureau Chief of Road & Track magazine. Zino has also worked in Europe, and Asia – now the largest automotive market in the world with China at its center.
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