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Fight the COVID-19 virus, not employee protected speech

April 2020 employment law letter
Authors: 
Kelsey K. Crosse, Margaret A. Hanson, and Gene R. La Suer, Davis Brown Law Firm

With the ongoing issues employers are facing during the COVID-19 pandemic, they need to remember employees may still be free to comment and share on social media or even to the media about issues faced by their employers. The National Labor Relations Board (NLRB) recently ordered a Maine hospital to rehire an employee it fired for writing a critical letter to the editor of her local paper, a development that comes as employers may seek to limit what workers can say to the media.

Facts

In Maine Coast Memorial, a hospital fired an employee for violating a policy similar to ones some hospitals have rolled out or reiterated as COVID-19 spreads. The policy stated:

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