Have you ever badmouthed your company on Facebook? Maybe you were frustrated by something that happened at work and later vented about it on Twitter. If your boss found out, he may have given you a formal reprimand or even fired you. What's the protocol for such matters, and who gets to decide? These are some of the issues that the National Labor Relations Board has outlined in a new report on social media. The report lists over a dozen examples of decisions it's made in social media-related cases.

When it comes to employee rights, social media is relatively new territory.  Disparaging comments made about a person's employer used to be limited to in-person conversations after work or at the water cooler. But disgruntled workers can now tell everyone they know just what they think of their company or their supervisor's treatment, and their friends and co-workers may agree with them. These sentiments can extend beyond small social circles, reaching potential customers, vendors and suppliers. It means more people than ever are affected by the National Labor Relations Act.

In an October 2011 report, the NLRB said that employee social media activity can be "protected concerted activity" under the NLRA, even if nonunion employees are using social media to criticize their employers. Section 7 of the act gives employees the right to self-organization, including forming, joining or assisting labor organization; collective bargaining; and engaging in other activities for other mutual aid or protection. That includes chatting on Facebook or Twitter with your co-workers about unfair practices or treatment.

These activities may not be protected, however, if they contain statements that are particularly vulgar, offensive or maliciously untrue. Critical statements must also be related in some way to the employer-employee relationship.

In drafting social media policies, employers may get better reception from their workers if they demonstrate the logic behind them. Rather than just saying "These subjects are off-limits," companies should demonstrate how the policy protects business interests and provide examples. Citing laws or other external requirements could also be helpful for employees. The more workers understand the ethical, legal and industry standards that inspire the rules, the more cooperative they might be and the less often companies might find themselves in legal battles with their employees.

Source: Law.com, "Understanding the NLRB's Latest Social Media Report," Catherine Dunn, Feb. 1, 2012