Blog Post

Aug 26, 2013

Of Course I Can Fire Someone Who Calls His Boss A “Stupid F***ing Moron” Or A “F***ing SOB” . . . Right?

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Maybe.  Maybe not.  The National Labor Relations Board routinely holds that the law gives employees some leeway for, shall we say, “unprofessional” behavior when engaged in activity that is protected by the National Labor Relations Act.  In two different cases, the NLRB has held that the remarks described in the headline of this blog were actually protected activity under the law because the employees who made them were protesting the employer’s approach to certain terms and conditions of employment.

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