Analysis

4 Boxes To Check Before Firing An Offensive Employee

Law360, New York (May 17, 2017, 6:59 PM EDT) -- The Second Circuit's recent ruling that a catering company was wrong to fire a server who tore into his boss and the man's family in a profanity-laden Facebook post highlights the perils of firing an employee who mouths off, attorneys say. 

The appeals court last month enforced a National Labor Relations Board decision ordering Pier Sixty LLC to rehire veteran worker Hernan Perez after it fired him for a social media rant in which he called his boss a "NASTY MOTHER FUCKER" and "a LOSER," and said "fuck his mother and his entire fucking family."

Though the judges cautioned that Perez's...

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