For the second time this month, the National Labor Relations Board (“NLRB”) has issued a complaint (and press release) against a company for terminating an employee who posted comments on Facebook that were critical of his employer.

In this newest case, the NLRB issued a complaint against Knauz BMW, alleging unlawful termination of an employee who posted photos and comments on Facebook that were critical of the dealership.  Specifically, the employee and his coworkers were unhappy that the dealership decided to serve just hot dogs and bottled water at a dealership event promoting a new BMW model.   The salesmen complained that the (poor) quality of food and drinks could affect their sales commissions.  The employee then posted pictures and commentary on his Facebook page criticizing the use of hot dogs and bottled water at the dealership event.  Other employees had access to the employee’s Facebook page.

The following week, the dealership’s management asked the employee to remove the photos and commentary, and the employee complied.  Shortly after the meeting, the employee was terminated.

Like the other Facebook Firing cases, this case alleged that the employee’s Facebook posting was protected concerted activity under Section 7 of the National Labor Relations Act, because it involved a discussion among employees about their terms and conditions of employment.  Also like the other Facebook Firing cases, this case is significant, because the NLRB continues to issue press releases in these types of cases.  Therefore, employers should be cautious when disciplining employees who engage in protected concerted activities over social networking sites such as Facebook.

You can view a copy of the press release here.