By Nelson Cary on Posted in Employee DisciplineEmployees probably just lost the ability to tell their boss to f*** off. When considering an employee’s protected activity, the NLRB recently changed its tune on how it analyzes employer discipline—and an employee engaging in abusive conduct does not have the same protections the employee once did. The NLRB announced this change of tune in… Continue Reading
By Nelson Cary on Posted in Employee Discipline,NLRB,Union OrganizingConsider this employee’s Facebook post: Bob is such a NASTY MOTHERF___ER don’t know how to talk to people!!!!!! F__k his mother and his entire f__king family!!!! What a LOSER!!!! Vote YES for the UNION!!!!!!! In this case, “Bob” was the employee’s supervisor. The employee (a banquet server) published the post at least 5-10 minutes after… Continue Reading
By Nelson Cary and Ashley Manfull on Posted in NLRBWhen employees take to Facebook with profanity-laced exchanges about their employer and job duties, odds are they will get fired. When the same employees go to the NLRB for protection under the NLRA, they cannot count on a receptive audience all the time. This much is demonstrated in an NLRB decision released last week. In… Continue Reading
