When You Can Fire An Employee For Nasty Workplace Talk

By Stephanie Caffera, Christopher Gegwich and Alexander Gallin (May 17, 2017, 11:43 AM EDT) -- Last week, we reported on a recent decision from the Second Circuit, which held that an employee's Facebook post calling his supervisor a "NASTY MOTHER F***ER" was protected activity under the National Labor Relations Act. Because labor law is nothing but unpredictable, one week later an administrative law judge at the National Labor Relations Board determined that an employer lawfully terminated an employee who yelled at a management representative, "F**k you and f**k this job!" Although the employee had been engaged in protected concerted activity, the ALJ concluded that the employee lost the protections of the NLRA by his use of profanity. Harbor Rail Services Co., 2017 NLRB LEXIS 211 (NLRB April 28, 2017)....

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