Employee Terminated for Profanity Reinstated because Profanity was Pervasive at Facility

A Coca-Cola bottler unlawfully fired a union steward who used profanity in front of company executives and dozens of employees. The ALJ said the National Labor Relations Act gives employees “some leeway for impulsive behavior,” and the decision illustrates that profanity in the workplace isn’t likely to take an employee outside the protection of federal…
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Facebook and NLRB: Still Making Good Blog Fodder

Butler Medical Transport had a social media policy that provided, “I will refrain from using social networking sites which could discredit Butler Medical Transport or damage its image.” After being terminated, an employee posted on Facebook that she believed her termination was unjust. A still-employed employee responded, “Sorry to hear that but if you want…
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Even When Company and Union Agree, NLRB Rules in Favor of Employee

A hospital desperately sought to hire some to fill the hard-to-fill position of part-time boiler operator. Despite candidate Legley being difficult to work with during the interview process, he was willing to be a part-time boiler operator, so the hospital hired him. I’m sure many of you have similarly undesirable jobs where you hire the…
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OK to Fire HR Generalist for Threatening to Unionize Workers

A company was growing and wanted to hire someone who could ensure that it remained compliant with workplace laws, so it hired an HR Generalist. After auditing personnel files and payroll, the HR Generalist drafted a letter that said, among other things: He had major concerns about the workplace; One employee was racist; One employee…
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Are Employees “Virtually Termination Proof” for Social Media Postings?

An employee was upset that the retail store she worked at stayed opened as late as it did because the store was located in an unsafe neighborhood. After the store owner did not change the hours of operation, the disgruntled employee posted on Facebook remarks about her “immature” manager and that she would bring a…
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Are Employees “Virtually Termination Proof” for Social Media Postings?

An employee was upset that the retail store she worked at stayed opened as late as it did because the store was located in an unsafe neighborhood. After the store owner did not change the hours of operation, the disgruntled employee posted on Facebook remarks about her “immature” manager and that she would bring a…
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