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Offensive Language Employees

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

Ius Laboris

Can you be fired for sending private messages about colleagues?

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The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed. According to a recent decision of the German Federal Labour...more

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

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Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Sheppard Mullin Richter & Hampton LLP

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more

FordHarrison

Offensive Language and Physical Violence in the Workplace: Was Will Smith Justified in Hitting Chris Rock in the Face?

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Television audiences for award shows have been in steep decline for years, but the 2022 Academy Awards received far more media attention after the fact than any other in modern history. This attention was all thanks to an...more

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