Briefly analyze whether any of the conduct described below violates any laws. Identify the specific legal issues and related laws implicated by the fact pattern. Please address each paragraph in the order in which it appears, inserting the number of the paragraph as a heading or in the first line of the discussion related to that paragraph.
Well Again Services (WAS) is a nonunion employer that provides inpatient and outpatient rehabilitation services at various facilities in Iowa, most of them in the greater Des Moines area, where it employs 125 employees in total.
- Debra and Dolores, Certified Nursing Assistants (CNA) at the largest Des Moines facility, complained to their supervisor, Letitia, about CNA patient loads. Letitia dismissed their concerns and instructed them not to discuss their complaints with any other employees. She also told them that if they didn’t like their jobs or her directives, they were free to look for work elsewhere.
- That night, Debra and Dolores aired their work load complaints on their Facebook pages, which are viewable only by their “Facebook Friends.†They also criticized Letitia’s unwillingness to take the issue seriously, which they said was unfair to staff as well as patients, and would inevitably result in lower-quality care. About 20 of their Facebook friends, all coworkers, “Liked†the posts. Ten coworkers posted comments in support of Debra and Dolores, some of them using vulgar language. Letitia didn’t see any of the material until an hourly employee, a Facebook Friend of both Debra and Dolores, showed it to her. Letitia then called Debra and Dolores into her office and fired them for violating her instructions and for posting material that was both offensive and damaging to WAS.
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