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Jarad Lucan quoted in the Hartford Courant article, "Labor Ruling: Facebook Posts Were Protected Speech"

Hartford Courant

August 29, 2014

Jarad Lucan commented in a recent Hartford Courant article that discusses the case of a former bartender/waitress and a former cook at a Watertown sports bar. The National Labor Relations Board (NLRB) recently decided that both employees are owed their old jobs and back pay by Sept. 5, because their 2011 firing for critical Facebook comments was ruled illegal.

Jarad Lucan said, "although he wasn't involved in this case, lawyers in the field were interested in the outcome, because of one wrinkle: Spinella had said nothing, he had merely hit the 'like' button. But even that is enough to be considered employee organizing, when the topic is a work condition."

Lucan also stated that, "the board found that the conversation could not be considered deliberately damaging to the business, even though the conversation was seen by customers, not just workers."

He pointed out that, "10 years ago, these kinds of employee discussions happened between a few people at work, and the spread of social media complicates employment law." Jarad finished by reminding readers, "certainly it [social media] is farther reaching than two employees speaking at the water cooler."

Click here to view the complete article.

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