Social media use is exploding and the prevailing attitude of users seems to be “post now, think later.” In this climate, employers undoubtedly should develop and implement policies to protect their reputation and brand in the marketplace. But, like their employees posting online, if employers go too far in their statements they may face unforeseen consequences.

In December of last year, our firm alerted you to one such unforeseen consequence: an unfair labor practice charge from the National Labor Relations Board (NLRB). This alert provides an update on the status of that case and identifies a new case that may yield even more interesting precedent.