It is Easy to Fire an Educator!

It is Easy to Fire an Educator!

The board minutes simply state“resigned for personal reasons.”

Moreno Valley, CA. Its a shame and ethically undefendable that Assistant Superintendent of HR, Henry Voros does not afford the same standard of proof with a dozen or more employees (all of whom are at the top of the salary scale and suspended without pay and without cause or due process) as Dr. White endeavors toward Board Trustee Mike Rios in her statement. (see Below.) I could not agree more though I don't care for Rios as a person. "Due Process" as Board Trustee Harold "Rick" Sayre mentioned.


Then again, is his sad little way, Voros is as much driven by personality dysfunction as is Rios. Harold “Rick” Sayres is also driving this back door effort to break the employees contract and their collective will to dessent or question administration. Via the conceit of these two self serving individuals they reduce payroll.

Who said it’s hard to fire a teacher? Its easy: conjure up any reason, refuse to follow state education department regulations for disciplining educators, Ignore Education Code and State Labor law, and Government Code, then suspend without pay. Done! Effectively fired at the date of suspension!

Voros has seen the actuarial table that shows the number of educators that will just leave (or quit) far out ways the number who will fight. There by producing an immediate half-million dollar savings to the district's publically inflatted bottom line. Those educators who are willing to fight, sometimes to the appellate level usually win, which costs the district hugely in the short run. However, the district doesn't have to disclose documentation to the press or public regarding these cases because they 
can claim confidentiality of the former employee.

The board minutes simply “resigned for personal reasons.”

CTA seems powerless or unwilling to effectively put a stop this trend. Last year was the implementation year for MVUSD. SO FAR, this tactic appears to be working without substantial resistance. 

ATTEMPTED KIDNAPING:  Moreno Valley  Police  look for suspect


BY DARRELL R. SANTSCHI

STAFF WRITER

dsantschi@pe.com

Originally Published: 23 February, 2012  05:30 PM

 In the Press Enterprise


A 14-year-old Moreno Valley girl and two boys managed to fight off a would-be kidnapper while walking near a middle school Tuesday evening. Police are looking for the driver of a 1990s Chevy Astro van who is believed to have tried to kidnap the girl as she was walking to Sunnymead Middle School at 6:15 p.m. The incident occurred near the intersection of Old Valley and Softwind drives northwest of the school. A 6-foot-tall, 180-pound black man wearing black clothing approached the girl and offered her moneyto get into the van, according to a news release from the Riverside County Sheriff’s Department. When she refused, the man stopped the van and ran after her. The girl and two juvenile boys managed to fight off the man and they ran to safety, the news release said. The girl later told her mother, who called police. Police are asking anyone with information to call the MVPD at 951-247-8700

My thanks to MVGordie.com


Mike Rios
sees the Judge!

Action Date	Action Text	Disposition	Hearing Type
02/15/2013 8:00 AM DEPT. PTS	O.R. FILING – ANNUAL REVIEW DATE (CLERK CALENDAR)	VACATED	ARRAIGNMENT
03/05/2012 8:30 AM DEPT. 41	PRELIMINARY HEARING	ACTIVE
03/01/2012 8:30 AM DEPT. 41	FELONY SETTLEMENT CONFERENCE	ACTIVE	TSC
03/01/2012 8:30 AM DEPT. 41	HEARING ON MOTION FOR BAIL REVIEW.	ACTIVE
02/21/2012 1:30 PM DEPT. 41I	FELONY INCUSTODY ARRAIGNMENT	DISPOSED	ARRAIGNMENT

John Ashbury of the Press Enterprise asked for and received permission to  video of the proceedings. See it all at the link below.

Mike Rios 

 RIF1201429

thanks again to MVGordie.com

Moreno Valley Unified School Board member Mike Rios was arrested Thursday morning on Suspicion of Attempted Murder.

February 16, 2012 - Police say One of Moreno Valley Unified’s Board of Trustees - Mike Rios, fired at two men in front of his home but initially portrayed himself as the victim.(Again)

                           

/RIVERSIDE COUNTY                                                                        See any Bullet Holes?

     (Actually, This is not Rios' house. It belongs to some other
poor sucker. I just neededd a picture to use. Thanks Reader
Marion...  I didn't even know we had a reader!?)

Sheriff's Derpartment

                           

Original story BY JOHN ASBURY AND LAURIE LUCAS

P.E. STAFF WRITERS

Originally published, February 16 2012 04:05 PM


Edited by I, Praetorian

·        WEBLINK PE: Moreno Valley trustee's wife facing deportation (Nov. 28, 2011)

·        WEBLINK PE: Newly elected Mike Rios hopes to shake up school board (Nov. 28, 2010)

·        WEBLINK Mike Rios' blog

A Moreno Valley Unified School board member who reported two men shot at him early Monday was himself arrested Thursday by police who say it was actually him who shot at the men after arguing with them at a nightclub. Mike Rios, 41, was booked on suspicion of attempted murder at Robert Presley Detention Center in Riverside, where he remained Thursday evening. Bail was set at $1 million, standard in attempted-murder cases. Rios has not yet been charged. Riverside County prosecutors are expected to review the case next week to determine what charges should be filed.

Moreno Valley Unified Superintendent Judy White said she would meet with the school board in closed session before Tuesday’s regular meeting to discuss how to handle the situation.

Fellow school board members and others who know Rios reacted to the news Thursday with a mix of shock and sadness.

Trustee Jesus Holguin said it’s not for him to decide whether to keep Rios on the board. “I don’t think it’s for me to say. The people elected him; they should have their say,” Holguin said.

Do you mean all 8,600 of them? They’ve all gone back to the cities they live in.

Trustee Harold “Rick” Sayre called it “a sad day for Moreno Valley, the city and the school district.” He accorded Rios “the presumption of innocence. We need to let the system take its course. Nonetheless, getting yourself involved in such an accusation is beyond belief.”

Another way of Sayre saying… ‘I got you, I got you! Ha Ha’

Moreno Valley Police Chief John Anderson said the arrest and the incident were unrelated to Rios’ school board duties “This has nothing to do with his elected status,” Anderson said. “We have to look at the evidence and handle this just like any other case.”

CONFLICTING STORIES

Rios called police about 2:20 a.m. Monday, Anderson said Tuesday, speaking while the investigation was in its initial stages. Police said Rios told officers he had been involved in an argument with two men at the Bahama Mama’s nightclub on Sunnymead Boulevard in Moreno Valley. Police do not know what sparked the argument.

Rios said he drove to his home in the 25700 block of Palm Shadows Drive, and the men followed him, police said. Rios claimed one of the men pulled a gun and shot at him outside his house, then the men sped away in a compact sedan. Exclusive film footage to come!

HEY! That’s what Mike Rios did to me just prior to the November 2010 Board election. He was driving a silver Toyota pickup registered to Victoria Baca. Luckily I spotted him following me and lost him in Riverside. He might have shot at me too, alledgedly!

Officers arrived at Rios’ home minutes after he called 911. They searched the area but could not find any suspects or the vehicle Rios described.

Moreno Valley detectives later interviewed the two men Rios had described and processed their vehicle for evidence, including bullet holes, Anderson said Thursday. Neither of the men was arrested. Did anybody (read any reporter) bother to get their names? Or their statements? Police said evidence and interviews with nightclub patrons and neighbors who witnessed the shooting contradicted Rios’ version of the story.

Anderson said police believe the two men did go to Rios’ home, but that he fired at them. Officers conducted a second interview with Rios on Thursday morning, and he was arrested on suspicion of attempted murder and witness intimidation or persuasion, according to jail records. Anderson said he was not aware of what led to the accusation of witness intimidation or persuasion. Police may explore whether Rios filed a false police report, Anderson said.

DIVISIVE FIGURE

Rios, who calls himself “the people’s candidate,” was the top vote-getter in an eight-person race in November 2010 for three seats on the school board.

His win followed a 2008 loss to Robin Hastings for a City Council seat.

He has said that he wanted to challenge Hastings this November, but through redistricting he now lives in an area represented by Mayor Richard Stewart. That seat won’t be on the ballot for another two years, a move Rios has called political and unfair.

Since his election to the school board, Rios has been harshly criticized for flip-flopping on issues and making outlandish statements in public. But he has ardent supporters, as well. Harold Rick Sayre, with whom Rios has clashed on the board, said he doesn’t put much credence in Rios’ statements. “You never get a straight answer out of him,” Sayre said. “Sometimes it’s hard to know if he’s telling the truth.” Unfortunately many district employees say the same about Sayre. Besides, Sayre can’t comprehend the meaning of “credence.”


 Thanks again reader Marion!

Former MVUSD board trustee Victoria Baca called his arrest “embarrassing” to the city. Who would know better than Victoria when it comes to embarrassing the city, the school district, Telemundo, voters, etc, by being arrested for a dangerously asinine  publicity stunt.

Tom Jerele Sr., who said he is a close family friend, was upset upon hearing of Rios’ arrest. “Unbelievable,” he gasped. He said Rios has never lied to him and he had no idea Rios even had a gun. Jerele said he’s concerned about Rios’ two children at home, a daughter, 11, and a son, 17. He has two older children as well. “This is very sad for the family,” Jerele said. “I’m praying for him.” Rios’ wife, Dora Landaverde-Torres, is also in jail, facing deportation to her native El Salvador. She has been held by federal immigration officials in Santa Ana since her arrest in September during a nationwide operation focusing on convicted criminal aliens. She was convicted of a felony drug charge and deported in the 1990s. Landaverde-Torres’ attorneys are seeking to reopen her deportation case.


I'll bet Pacheco is happy about this...

Miramonte School's Decision to Replace All Staff Announced In Parents-Only Meeting 

Originally posted: 02/ 7/2012 4:05 pm

The Huffington Post (video)

Edited by I,Praetorian

In an effort to take his message directly to the families of Miramonte Elementary, LA schools superintendent John Deasy shared the news of the entire faculty's replacement in a parents-only, press-barred meeting on Monday evening.

Officially scheduled for 6 p.m. in the auditorium of South Region High School, families started showing up to the venue hours early. 1,200 people quickly packed the standing-room only auditorium and dozens of families were left stranded outside the meeting, along with journalists who were not allowed inside.

Before the meeting was over, Deasy's staffers ushered reporters into a smaller room, ostensibly to prepare for a press conference. But the move also had the effect of secluding journalists in a more isolated location when the meeting let out, making it that much harder to gauge parental reactions.

When Deasy finally arrived for the press conference, he was faced with about a dozen irritated journalists who peppered him with challenges to his decision to bar media from the big event.

For instance, Deasy described the parents' reaction to the staff replacement as "relief" communicated by frequent applause. But that only fueled the fire for the reporters challenging him.

KTLA's David Begnaud asked, "Why did you decide to keep media out of the meeting with the parents so we are hearing secondhand on how they reacted from you?" Begnaud continued, "On what legal grounds do you bar someone with no recording equipment from coming into the meetings?"

KCAL9's Suraya Fadel also challenged Deasy. "You can tell us they applauded and all that. How do we know?"

Throughout, Deasy stood firm on his decision to keep press out of the meeting. Recalling the media's announcement of teacher Mark Berndt's arrest last week, he explained, "Parents were so angry and so disrespected that they learned the information first through the media and not through the district ... And I wasn't going to disrespect them a second time."

His decision to bar journalists didn't stop KNX's Claudia Peschiutta, who was able to make her way into the auditorium. In a video report for CBS2/KCAL9, Peschiutta confirmed Deasy's report that parents communicated their approval of the staff replacement through applause, but she also noted that some parents were asking that the press be allowed inside to make sure that the meeting was "as open and transparent as possible."

WATCH:click here

The Associated Press' video report also notes that many parents were glad to hear the news about the staff's replacement from the district first -- although perhaps not at the expense of freedom of the press. Miramonte mother Nancy Linares told the AP, "I want everyone to know they're covering up something, that's why they don't want the media in there."

For parents who could not get inside, the parking lot was a dark and tense place to wait for a secondhand announcement. Families huddled with friends and there was tension between those who decided to speak out about the abuse on television and those who decided to keep quiet. Among the crowd, parental activists were passing out petitions to transfer their children away from Miramonte Elementary School. Near the entrance of the auditorium, a small group of parents protested the closed doors with chants and by banging on the gate.

Unaware that the announcement inside was making her worries moot, Miramonte parent Elizabeth Varela told The Huffington Post that she and her husband were struggling over the decision to transfer their 5-year-old son in the middle of the academic year. "I've never thought of Miramonte as a bad school," Varela explained, but "now we're hoping he's accepted [somewhere else]."

Karla Rivas, a 20-year-old college student, waited outside the parents-only meeting because her little brother was in 8th grade at the school. Both she and her brother were former students of Bernard Springer, a teacher who was arrested on suspicion of fondling two girls. She expressed dismay at parents who were shouting and chanting with protest signs when they were stranded outside. "They're screaming that they want justice," she said. "What else do they want? [Berndt and Springer] are in jail already."

And the Press Enterprise Headline Read:

 "MORENO VALLEY: Six students arrested after ruckus at high school"

"ruckus.."

"ruckus.."

"ruckus.."

"Ruckus - A noisy disturbance and/or commotion."

PLEASE! How about some truth? Even if it might endanger an advertising dollar or two?  

After several weeks of gang and race related fights, an administrator was hit by a student as the administrator tried in vein to break up the fight. The police came as the ruckus turned to near RACE RIOT. A police officer while attempting to restore order had to cuff a defiant student who refused to follow his/her request to return to class. At that point at least five students attacked the officer from behind. The condition of the officer is not known. 

The campus was under strict lockdown half the day. It's a good thing no students were seriously hurt but what about that Deputy? Its a lucky thing no one was shot at that silly "RUCKUS."

Missing 13 year-old returned home safely Thursday afternoon

Runaway 13-year-old Moreno Valley girl, Julessa Franco missing overnight returned home Thursday afternoon. Julessa was reported missing Wednesday evening when she ran away from home. Police said Julessa was suspended from school Wednesday for fighting. She came home to collect her belongings and then left on her bicycle. Authorities were concerned about a medical treatment that needed attention. Her parents reported Thursday that she came home that afternoon after spending the night at a friend’s house. Julessa said she ran away because she was afraid of getting in trouble at home. She was not injured. Still, there is a troubling common tread - Fighting.

edited by I, Praetorian

THOSE WHO VICTIMIZE CHILDREN ARE USUALLY NOT STRANGERS

By Ernie Allen, President and CEO

National Center for Missing & Exploited Children

The recent events at Penn State University and Syracuse University serve as reminders that the sexual abuse and exploitation of children is an all-too-present fact of modern life.  Yet, millions of Americans do not believe that this problem exists at all.  Why?

Overwhelmingly, the child victims do not tell.  Leading scholars and researchers tell us that at least 1 in 5 girls and 1 in 10 boys will be sexually victimized in some way before they reach the age of 18, and just 1 in 3 will tell anybody about it.  These are America’s hidden victims.  We have made progress as a nation in attacking this problem but even today, two out of three child victims suffer in silence.  They don’t tell Mom, they don’t tell Dad, they don’t tell anybody.

Millions doubt the existence of these heinous crimes for another reason.  The offenders do not match society’s stereotype.  Most Americans want to believe that someone who would prey upon a child sexually is evil-looking, a menacing, frightening stranger.

Yet, we have learned that most often those who victimize children are not strangers to the child, they are known to the child.  They seek out legitimate access to the child.  We should never be shocked when someone who abuses a child is a volunteer or employee of a youth-serving organization, or a school, or a daycare center, or many other settings that provide easy, low-risk access to children.  That is why the leading child-serving organizations have taken bold steps to do background screening of their staff and volunteers, and then monitor and supervise the interactions between adults and children.

In monitoring sex offender treatment groups and programs, one hears a chilling word, “grooming.”  Most often, these offenders who prey upon children do not snatch their victims randomly from the streets, they groom their victims, win their confidence and trust through friendship, kindness, and then they violate it.  In so many of these cases, the child is made to feel responsible, like it is his or her fault.  And the child is often intimidated or threatened by this person of trust and authority.

Even if they decide to tell, will anyone listen to them?  Will anyone understand?  These children feel that no one will believe them even if they do speak out, and too many adults simply do not listen to or understand what children try to tell us.

The offenders are not dirty, menacing strangers, they are respectable citizens – doctors, lawyers, businessmen, teachers, police officers.  Often they are people who outwardly show deep and enduring commitment to helping children in need.

What can you do?  What can every citizen do?  First, communicate with your children and empower them.  Make sure that they understand that you love them, trust them, believe them and that if anyone ever touches them in a way that makes them feel uncomfortable, they should tell you or a trusted adult.

Second, the first line of defense is a vigilant public.  If you see it, know about it or suspect it, report it.  Call your local police and then call 1 (800) THE LOST or report it to www.cybertipline.com, at the National Center for Missing & Exploited Children.

The sexual exploitation of children is not a problem that only happens somewhere else.  It is happening in big cities and small towns across America.  Thousands of children fall victim to sexual exploitation every year.  We need to do more.  Because every child deserves a safe childhood. 

This commentary first appeared in the Opinion Section on FoxNews.com on 12/09/2011

This is COURAGE - YOU NEED TO KNOW WHY. As Educators We are Loosing the Promise of Public Education at the Hands of Very Similar Types of Criminals! Its Happening All over the State.

This is COURAGE - YOU NEED TO KNOW WHY. As Educators We are Loosing the Promise of Public Education at the Hands of Very Similar Types of Criminals! Its Happening All over the State.

Please understand this is a 70+ year-old former U.S. Prosecutor! This man, Dr. Richard I. Fine is my hero and model for my fights to come with Moreno Valley USD which also is one of the most litigated school districts of it's size in the inland empire. For over 20 years the corruption spearheaded by the personalities of the COWARDS and BULLY BOYS RUNNING MVUSD'S HUMAN RESOURCES has rotted the structure of our district.  One of the former HR bully boys participated in felony misuse and theft of public funds as well as an act of agrregious criminal Nepotism as defined in California State Educ. Code. Another, HR thug, a convicted felon used an unregistered pistol firing at a car fleeing his house with his own daughter and her girlfriend inside the car. He was and is still employed and partially running a MVUSD middle school dealing with children daily, in spite his extraordinarily explosive temper. The current HR coward is mentioned as helping to cover up directly or indirectly the theft of  or miss use of  student funds that totals in the multiple $100,000s in cash  EVERY YEAR.


The man most responsible for this system wide cover-up, a man who lied more than once to me when I was looking for help with the apparent criminal activity I stumbled upon, was fired early this year then allowed to stay on with a double demotion to assistant principal. The Board was afraid that out and out firing would tempt him to tell all. 


Due to years of cover up i.e. elimination of positions with the power of oversight by some of the Superintendents and their assistants, including Bob Crank who was one of the key players, most area taxpayers are paying twice over for there child's education without knowing and some of that money is stolen in cash! Watch for the documentation and names to come.  BUT lets not forget the School Board who hires these people, among which contains a documented CHILD MOLESTER (who as part of his duties regularly visits elementary schools unescorted) and a yet to be charged; a criminal who used the power of the office for... well, come back and see. Another is on the payroll of a local Developer and member of the shadowy Jewish "Gold Trust" and its silent charter. An organization and individual who's home is somewhere in Beverly Bills, CA. I have fired off a letter to the Jewish Defense League* asking point blank if they are associated... 

Folks I lack the imagination to make this stuff up. I was as disbelieving as you probably are. Worse yet, there is more than eluded to herein.


Sincerely,
I praetorian

*The Jewish Defense League or JDL is a Jewish nationalist and far-right organization whose stated goal is to "protect Jews from antisemitism by whatever means necessary".^[1] While the group asserts that it "unequivocally condemns terrorism", and claims to have a "strict no-tolerance policy against terrorism and other felonious acts,"^[2] it was described as "a right-wing terrorist group" by the Federal Bureau of Investigation^[3] in 2001, and as a hate group involved in "anti-Arab terrorism" by the Southern Poverty Law Center.^[4] According to the FBI, the JDL has been involved in plotting terrorist attacks within the United States.^{[3] Outside the FBI, the}  Anti-Defamation League (ADL)^[2] and the Southern Poverty Law Center (SPLC).^[3 are the largest watch dog organizations monitoring hate groups in the U.S.  

This is the FIGHT of our Professional Careers. Are You In or Out? 

"Hell has a special level for those who sit by idly during times of great crisis."

Robert Kennedy

School Counseling Videocast: 
 The Silent Suffering of Too Many Teenage Girls

DEAR PARENTS... 

TEACH YOUR CHILDREN WELL!

THIS idea... it's a damn GOOD ONE

I don't who came up with this idea... but it's a damn GOOD ONE!

Officials in Moreno Valley USD hope all students will take advantage of the free breakfast program that starts Tuesday at all 37 school sites in the Moreno Valley Unified District.

“A well-nourished child is one ready to learn,” said Carla Lyder, the district’s assistant director of nutrition services. “Our goal is to provide good food as part of the equation to support education. ”Ideally, she wants every one of the district’s 36,000 students to try the daily, no-cost breakfasts, which include waffles, pancakes, sausages, muffins, fruit, French toast, bagels and low-sugar cereals.

Research has linked school breakfast programs with higher test scores and grades, improved attendance and fewer referrals to school nurses. In California, evidence is mostly anecdotal. Some districts have begun to document the changes in student performances that follow school breakfasts.

About 56 percent of California students qualify for free or reduced-price meals, but less than one-third of those eligible take part in school breakfasts.

Missed meals mean missed money for cash-strapped districts. Statewide, they would have received an additional $350 million in federal meal reimbursements if school breakfast participation were as high as lunch participation. For districts hobbled by budget cuts, the reimbursements are critical.

In Moreno Valley Unified, breakfast participation is only one-third of that for the lunch program, which draws 22,000 to 25,000 students a day.

The social stigma, difficulty getting to school early and dependence on a parent’s work schedule are deterrents to school breakfasts, Lyder said. What’s more, each school’s breakfast times are different, some starting at 6:15, others at 8:20.

The district projects the free meal will increase breakfast participation a minimum of 10 to 15 percent. The nutrition department will order food week to week and buy more as numbers rise, Lyder said.The district won’t touch its reserves or general fund, but will re-invest money from the low-cost eligibility program to pay for the universal breakfast, according to Lyder. A computer program is in place to daily track breakfast eaters at each site, she said.


Ms. Lyder is right. It not only won't cost the district any extra, but may add to  it's shakey revenue stream. Not only, but it will partially change the socio-economic range of the district which in this case may raise test scores overall. NOT TO MENTION its the right thing to do. IMAGINE!

---

Can Anyone One of Us Wholly Appreciate the Sacrifice and Powerful Unwavering Strength in This Man's Character? Imagine Where We Might be if Only... !

As we Celebrate the Life and Triumphs of Dr. Martin Luther King... 
Let's not Forget that During Those Difficult Sometimes Horrifiing Times Dr. King was Among the First to Call the War in Vietnam Patently and Ethically Wrong.

NLRB Effects: Regulating Employee Use Of Social Media

This post was co-authored by Elizabeth Arce

Edited by I, Praetorian

 It seems that every time you turn on the news some new technological innovation is being announced.  For example, recent weeks have seen the unveiling of new tablet computers and smartphones.  In addition, social media platforms such as Facebook and LinkedIn are constantly announcing upgrades to their websites to improve the way users communicate with one another via the internet.  However, just as technology is rapidly changing, the laws regulating the use of social media by school and public employees also continue to evolve in random statute and always after the fact.

Since these initial blog posts and article on legal developments regarding employee social media use, the National Labor Relations Board’s (NLRB) Office of General Counsel released a report analyzing various issues relating to social media use by employees and employer policies that attempt to regulate it.  In addition, two NLRB Administrative Law Judges (“ALJs”) issued decisions that provide further guidance in these areas. 

In Hispanic United of Buffalo (“HUB”), an ALJ ordered a nonprofit corporation to reinstate five employees who were fired after posting comments on Facebook criticizing workload and staffing issues.  The ALJ concluded that the employees engaged in protected concerted activity because they were discussing matters that involving terms and conditions of their employment. 

In Knauz BMW, an ALJ found that a car dealership’s employee handbook contained policies that restrict and limit an employee’s right to engage in concerted activity.  However, the ALJ upheld the employer’s termination of an employee who posted pictures of an accident at another dealership, also owned by his employer, with unflattering comments about the salesperson involved in it on the grounds that the posting was not protected concerted activity.

These recent pronouncements from the NLRB clarify the law regarding the scope of social media use by employees and provide the following guidance to employers:

1.    Employees’ Social Media Postings With Each Other About The Terms and Conditions of Their Employment Are Protected.  Employees engage in protected concerted activity when they use social media to communicate with one another about work related issues.  Concerted activity will also be found when the employee posts comments that express the views of other employees or that attempt to initiate or induce coworkers to take group action.  This can include complaints among employees about commissions, tax withholding practices and workload and staffing issues.  Thus, posts that are not work related or that express individual gripes, frustrations or complaints are not protected. 

2.    Work Related Postings That Are Sarcastic or Mocking in Tone May Be Protected.  In Knauz BMW, the ALJ considered two Facebook postings by the employee.  The first involved criticism of a sales event, including the inadequacy of the food being served, which employees felt could affect employee compensation.  The second posting involved an accident at another dealership.  The ALJ found that the posting concerning the accident was not protected concerted activity, and that the employer terminated the employee for that posting.  The decision discusses what language rises to the level of disparagement necessary find otherwise protected activities unprotected.  The NLRB has found statements that are mocking or sarcastic ,and terms such as “a-holes” and a “cheap son of a bitch” attributed to supervisors to be protected concerted activity when uttered in the course of otherwise protected concerted activity.  Employers must meet a very high threshold to prove language is disparaging and beyond protection in the context of employees acting together to challenge their working conditions.

3.    Polices That Can Be Reasonably Interpreted to Restrict Employees’ Right to Engage In Concerted Activity Are Improper.  In evaluating whether a social media policy improperly limits an employee’s ability to engage in protected concerted activity, employers should ask whether the rule or policy explicitly prohibits the exercise of this right or would reasonably tend to chill the employee’s exercise of it.  In order words, policies that could be interpreted as discouraging an employee to discuss the terms and conditions of employment are likely improper.

4.    Policies That Can Be Reasonably Interpreted to Protect the Relationship Between the Employer and Its Customers Are Proper.  In Knauz BMW, the ALJ determined that language in an employee handbook stating “[a] bad attitude creates a difficult working environment and prevents to [employer] from providing quality service to our customers” was proper.  The ALJ reasoned that the employer had a right to demand that its employees not display a bad attitude towards customers in order to protect the employer’s relationship with its customers.

Employers who have adopted social media policies should review them with the above guidelines in mind.  Finally, because the law in this area continues to rapidly change, employers should stay tuned to this blog and our Twitter (@lcwlegal and hashtag #lcwsocialmedia) for further updates.

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