Oklahoma - Walmart Case
Last year, a customer service manager at an Oklahoma Walmart® posted this on his Facebook® page: “Wuck Falmart! I swear if this tyranny doesn’t end in this store they are about to get a wakeup call because lots are about to quit!”
The employee then commented again on Facebook slandering one of his managers. A few days later, the employee was fired; he sued, claiming Walmart could not fire him because he was engaging in “concerted activity.”
Several other co-workers also commented on his post, but not in a negative way. Their comments were for the employee to “hang in there” and general concerns of feeling sorry for him. Walmart contended that the employee’s postings were not “concerted activity” and the judge agreed.
Outcome: The National Labor Relations Board dismissed the employee’s claim, saying that his comment and subsequent comments from co-workers were “mere griping” from an individual and did not represent the type of “concerted activity” protected by law.
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