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Expert Analysis

Protecting Employee Facebook Profanity In The 2nd Circ.

Law360, New York (November 12, 2015, 11:18 AM EST) -- In Three D LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's determination that the employer, Triple Play, unlawfully terminated two employees in 2011. One employee was terminated for using profanity in calling her employer an "a**hole," and the other employee was discharged for liking a former employee's rant that Triple Play had incorrectly calculated her tax withholdings, which ended with the acronym "wtf," representing a widely known phrase that includes profanity....

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