Social media poses questions for employers, workers

PHOENIX -- Employers could be violating federal laws if they fire workers over unfavorable Facebook posts.

More than 100 complaints have been filed involving social media and the workplace, according to the National Labor Relations Board.

Carrie Pixler, an attorney with Fennemore Craig Law Firm in Phoenix, said an employee has certain rights when voicing opinions to co-workers about wages, hours and working conditions.

"If they're discussing with a co-worker one of those three things -- which could include their relationship with their boss or terms and conditions of their boss kind of being forced on them -- it can be protected," Pixler said.

"An example of what is not protected is if an employee, through Facebook, is engaged in a series of raw posts with their sister and they say to their sister, `Hey, I had a horrible day at work. My boss is such an (insert your choice of vulgar comments)'. That would not be protected because it's a personal communication with your family member."

Pixler said every company should adopt and enforce a social media guideline that is strictly enforced and fully understood by employees.

The NLRB plans to issue a suggested guideline within a few weeks.