A possibly precedent-setting employment and new media law case settled out of court on Monday, February 7th, a day before it was set for trial. The suit was brought by the NLRB after an ambulance company employee was fired due to postings she made to her Facebook account criticizing her employer. “A decision by the Board could have given us insight into their take on the social media question as it pertains to employment law—specifically, how much of what is posted to Facebook or Twitter should be considered protected activity,” says Andrew Martin, a technology and new media attorney with Scott & Scott, LLP. “Even though there is some disappointment that a ruling likely will not be forthcoming, the facts in this case were muddied by the circumstances surrounding the firing, and it is likely that the Board could have avoided the thorny social media issues in favor of a ruling on a different point of law. However, a case was filed on February 4th against Student Transportation of America that involves a simpler set of facts, that that case might give the Board a better opportunity to present its take on social media policies.” For more information, please contact Mr. Martin at 800-596-6176 or amartin@scottandscottllp.com.