News & Analysis as of

Termination Protected Concerted Activity

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

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On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Jackson Lewis P.C.

Jury Finds Plaintiff Failed to Prove He Engaged in Activity Covered by False Claims Act

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Finding the plaintiff did not meet his burden of proving he was terminated in retaliation for engaging in False Claims Act (FCA)-protected activity, a jury returned a verdict for the former employer, a subsidiary of a...more

Bradley Arant Boult Cummings LLP

Employer Response Tips From Firing Suit Over Birdwatcher

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

Locke Lord LLP

Memes, Emoticons, and Social Media ‎Posts as Protected Concerted ‎Activity

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To navigate the pandemic, companies and employees shifted to virtual tools and platforms to conduct business and communicate with team members. With this transition into the virtual office space and increased screen time,...more

Bradley Arant Boult Cummings LLP

NLRB Concerted Activity Claims on the Rise

Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

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With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Proskauer - Whistleblower Defense

District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity

On July 19, 2019, the U.S. District Court for the District of Rhode Island granted an employer’s motion to dismiss a SOX whistleblower claim, holding that the Plaintiff—an in-house attorney—failed to allege sufficient facts...more

Parker Poe Adams & Bernstein LLP

National Labor Relations Board Affirms Employee's Right to Complain at Team Building Lunch

When employers establish internal forums for employee comments, they may not anticipate that employees will use this as an opportunity to criticize the company and management. Employers also may not realize that such...more

Faegre Drinker Biddle & Reath LLP

NLRB Limits Definition of 'Concerted' Activities by Employees

The National Labor Relations Board (NLRB) will find a violation of federal labor law when employees are disciplined or discharged for engaging in protected concerted activities. The key element is that employees must be...more

Sherman & Howard L.L.C.

Facebooking Misappropriated Employer Form Is Not Protected Activity

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

Fisher Phillips

“Personal” Pizza: Employee’s Individual Gripe Not Protected Under The NLRA

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A recent decision by a National Labor Relations Board Administrative Law Judge has re-affirmed that “personal gripes” made by employees are unprotected by federal labor law. This decision comes from the NLRB’s regional office...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Dorsey & Whitney LLP

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

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Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Clark Hill PLC

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

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Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

Fox Rothschild LLP

What Can A California Employer Do About Off Duty Conduct?

Fox Rothschild LLP on

The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

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Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Saul Ewing LLP

Employee’s Facebook Post Crossed the Line

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Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain...more

Constangy, Brooks, Smith & Prophete, LLP

Q And A On The Recent Controversy

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

Baker Donelson

Politics in the Workplace

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Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with,...more

Saul Ewing LLP

NLRB Finds Employee Properly Terminated for Obscene Tirade

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The National Labor Relations Board ruled last week that a railroad car repair company properly terminated an employee after he hurled numerous obscenities at his supervisor, including telling the supervisor to “f*** you and...more

Orrick - Employment Law and Litigation

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

Kelley Drye & Warren LLP

Now You, Too, Can Call Your Boss a Nasty Motherf****r

Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more

Cole Schotz

Employers Beware: Facebook Posts May Not Be Enough to Fire Employees

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On Friday, April 21, 2017, the Second Circuit affirmed a National Labor Relations Board (“NLRB”) ruling, which found that Pier Sixty, LLC (“Pier Sixty”) violated the National Labor Relations Act (“NLRA”) when it terminated...more

Saul Ewing LLP

Profane Facebook Message Protected Under The NLRA

Saul Ewing LLP on

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

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