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Monthly Archives: November 2010

NLRB’s Facebook Firing Complaint NOT a Ruling, but Still a Good Reminder

A nationally featured story involving a “Facebook Firing” is making a lot of waves, but is all this attention warranted yet? The story is that of Dawnmarie Souza who in Facebook posts referred to her supervisor at American Medical Response (AMR) as (among other things) a “scumbag.” While the juicy details make for interesting water cooler conversation, this case is, so far, legally insignificant. Contrary to many reports, there has been no “ruling” in this case by the National Labor Relations Board (NLRB), only a “Complaint” by a Regional Office. However, although the law has not changed and no decision has yet been issued, this case does remind employers (both unionized and union free) to consider the implications of the National Labor Relations Act (NLRA) on their social media policies.

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It’s Official: Georgia Non-Compete Law is Changing, But The Question Is: When?

On November 2, 2010, Georgia residents voted to change the state’s constitution to allow the enforcement of reasonable non-compete agreements. Until this point, Georgia has been one of the most hostile states for employers seeking to enforce such agreements. This was due to a constitutional provision strongly disfavoring such agreements. The recently ratified constitutional amendment replaces that provision and allows a non-compete-friendly bill, passed in 2009, to become effective. One question that remains, however, is when can employers begin to take advantage of the new law?

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