Hi, I am about to post the final, hold on but here is a draft

Surname 1
Student’s Name:
Instructor’s Name:
Course code
23 March 2024
Digital Workplace
The importance of delimiting the freedom of voice, employer control, and labor law
protection in social media use arises in Betty Nelson's case, as is the fact that this issue is
concerning. When Nelson was an emergency medical technician sacked for having Facebook bad
words about her boss, this situation raised a need for the analysis of what can really constitute a
valid reason for an employer to terminate one; it is not only about an appraisal of the company
but also about the personal life of an employee. Furthermore, estate questions are posed
concerning the competence of such comments, whether they occur in a company-sponsored
forum, on Facebook or another private platform, or a union-sponsored Facebook group. This
dilemma signals changing conditions that go through those components of employee rights,
company policies, and work laws.
1. Legal Grounds for Discipline
According to the law, employers can discipline or terminate an employee if there is
an argument or lawsuit, among other reasons. In most cases, the company would be allowed to
issue disciplinary action in response to comments that negatively impact the reputation of the
organization, reveal confidential information, and violate company policies. However, the
National Labor Relations Act (NLRA) is Countrywide, and workers have the legal right to

Surname 2
engage in National Union Action about terms and conditions for employment, which involves
discussions with coworkers about employment conditions (Burton 10). Hence, the discipline of
workers is not allowed if the comments are on workplace conditions and their concerns are made
jointly with other workers who are employed at the same workplace.
2. Significance of Platform
The language used during any comment made by an employer discipline also plays a
vital role in determining whether the employee can be penalized. The comments on the website
where the company is holding sponsorship may be subject to particular strictness since these
websites are tied to the company resources and may be considered to show the company's
position on any subject. Comparatively, posts made on Facebook that employees exchange in
their own time, which enhance the company's interests, are personal expressions, and thus, the
control of their employment may still remain.
1.2 Union Sponsored Union
Besides this, other factors must also be considered when the comments are made on a
union-sponsored forum, and this forum can be entered by the members only. Knowing that
employees have the right to engage in concerted activities, that is, share union issues with union
officials, employers may still have the sanctioning authority to enforce policies prohibiting
employees from sharing disparaging remarks or confidentialities (Mundlak). Nevertheless, the
employee may have justification for this comment as being related to the union's functioning,
like a role in organizing or collective bargaining. So, the act of punishing the employee can be
considered an unlawful labor practice.
3. Options for the company

Surname 3
The enterprise has to decide whether or not it will settle the charges for the union
favorably. It also has to determine whether a formal hearing at the NLRB will be allowed. While
one has an array of pros and cons, the others are also quite different from each other. The
voluntary settlement lets the matter be dismissed quickly and avoids issues that bring bad press
and legal expenses associated with a formal hearing. Nonetheless, it is fraught with the prospect
of the business needing to waive claims of specific entitlement or provide the remedy to the
employee, which may diminish its credibility and, in future cases, stands a high chance of setting
precedents. Therefore, from the labor law perspective, the company must go to a formal hearing
of the NLRB to help it justify its moves better and listen to an unbiased adjuster. This mode can
involve legal expenses and prolong the decision process, but on the side, the company may win
and can obtain a better result. The voluntary settlement of the union's charges is an option that
ent...