Times have changed with Facebook, Twitter, etc., and how employers and employees use the information on such services.Below is a case involving Facebook:

Respondent, Hispanics United of Buffalo, Inc. (HUB) is a not-for-profit corporationthat renders social services to its economically disadvantaged clients.

HUB'sExecutive Director Lourdes Iglesiasterminated the employment of Carlos, Mariana, Ludimar, Damicela,andYaritza on October 12, 2010.

HUB hiredLydiain May 2010 as adomestic violence (DV) Advocate. Lydia and Mariana communicated very often, normally by sending each other text messages. In these messages,Lydiawas oftencritical of the job performance of other HUB employees. Several others of the fired employees also had conversations or text message exchanges with Lydia, in which Lydia criticized HUB employees.

October 9:Lydia told Maria that she was going to raise these concerns with Respondent's Executive Director, Lourdes Iglesias.

October 9, 2010, at 10:14 a.m.,MarianaCole-Riverapostedthe followingmessageon her Facebook pagefrom her home:

Lydia Cruz, a coworker, feels that we don't help our clients enough at HUB I about had it! My fellow coworkers, how do u feel?

The following employees responded by posting comments on Cole-Rivera's Facebook page:

At 10:19,Damicelapostedthefollowing response:

What the f. .. Try doing my job I have 5 programs

At 10:26,Ludimar(Ludahy) posted:

What the Hell, we don't have a life as is. What else can we dojQuery22402177495822597455_1628363934531?

At 11: 11,Yaritzaposted:

Tell her to come to do mt [my] job n c if I don't do enough, this is just dum

At 11:41,Carlosposted:

I think we should give our paychecks to our clients so they can "pay" the rent, also we can take them to their Dr'sappts, and served as translators (oh! We do that). Also we can clean their houses, we can go to DSS for them and we can run all their errands and they can spend their day in their house watching tv, and also we can go to do their grocery shop and organized the food in their house pantries ... (insert sarcasm here now)

Marianaposted again at 11:45:

Lol. I know! I think it is difficult for someone that its not at HUB 24-7 to really graspand understand what we do ..I will give her that. Clients will complain especially when they ask for services we don't provide, like washer, dryers stove and refrigerators, I'm proud to work at HUB and you are all my family and I see what you do and yes, some things may fall thru the cracks, but we are all human :) love ya guys

Nannette Dorrios, a member of the Board of Directorsat HUB posted at 12:10:

Who is Lydia Cruz?

Marianaat 12:12 responded to Dorrios by the following post:

She's from the dv program works at the FJC [Family Justice Center] at hub once aweek.

,

Jessica Rivera, the Secretary to HUD Director Iglesias, postedat 1:10p.m.

Is it not overwhelming enough over there?

At 2:27Lydiaposted:

Marianna stop with ur lies about me. I'll b at HUB Tuesday..

Mariannaresponded at 2:56:

Lies? Ok. In any case, Lydia, Magalie [Lomax, HUB'S Business Manager] is inviting usover to her house today after 6:00 pm and wanted to invite you but does not have your number i'll inbox you her phone number if you wish.

Carlosposted at 10:30 p.m.

Bueno el Martes llevo el pop corn [Good, Tuesday, I'll bring the popcorn].

Saturday, October 9, was not a work day for any of HUB's employees. None of thefired employees used HUB's computers in making these Facebook posts.Lydia complainedto HUB Executive Director Lourdes Iglesias about theFacebook posts.

After the postings,Lydia suffered a heart attack.

On October 12,Lourdes Iglesias met individually with five of the employeeswho had made the Facebook posts on October 9 andfired each oneof them.She told them that the posts constituted bullying and harassment and violated HUB's policy on harassment.

"Section 8(a)(1) of the FLSA providesthat it is an unfair labor practice to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7. Section 7 provides that, "employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in otherconcerted activities for the purpose of collective bargaining or other mutual aid or protection."

ISSUE: Can these employees be fired?