Employees’ Facebook Postings About Job Performance andStaffing Were Protected Concerted ActivityIn one case, we found that an Employer--a nonprofit socialservices provider--unlawfully discharged five employees who hadposted comments on Facebook relating to allegations of poor jobperformance previously expressed by one of their coworkers--adomestic violence advocate. We concluded that the dischargedemployees were engaged in protected concerted activity.In or around July 2010, the advocate began complaining toone particular coworker that clients did not want to seekservices from the Employer. Similarly, in August she hadconversations with other coworkers in which she criticized thework done by the Employer’s employees. She also sent regulartext messages to the one particular coworker, criticizing otheremployees’ work performance and complaining about workloadissues.In early October, the advocate discussed several client andworkload issues with this one coworker, with the advocateasserting, among other things, that the coworker had notproperly assisted a client. They exchanged multiple textmessages related to these issues. During the final exchange ofmessages, the advocate said that the Employer’s ExecutiveDirector would settle their differences.The one coworker then talked to another employee about whatshe considered to be a constant barrage of text messages fromthe advocate criticizing the job performance of the Employer’semployees. This employee suggested that she meet with theEmployer’s Executive Director.To prepare for this meeting, the one coworker posted onFacebook that the advocate felt that her coworkers did not helpthe Employer’s clients enough. She then asked her coworkers howthey felt about it. The four coworkers who were laterdischarged and the advocate responded to the Facebook posting.That evening, the advocate reported the Facebookconversation to the Employer’s Executive Director, indicatingthat she considered her coworkers’ Facebook comments to be“cyber-bullying” and harassing behavior.On the next workday, the coworker tried to meet with theExecutive Director. The Executive Director said that she wasbusy, but that she would call when she was available. A fewhours later, the coworker was called to the Executive Director’soffice and was terminated. That same day, the Employerterminated the four other employees who had posted Facebookresponses to their coworker’s initial solicitation.