Ex-Trader Joe's Worker Says He Was Fired For Not Smiling

Law360, Los Angeles (November 4, 2016, 8:31 PM EDT) -- A former Trader Joe’s employee filed a complaint with the National Labor Relations Board on Thursday alleging the grocer maintains unlawful rules about workers' attitudes and unlawfully fired him for for not smiling enough around his co-workers. 

Thomas Nagle, who is represented by the Retail, Wholesale and Department Store Union, says he was fired after his bosses took issue with his “attitude.” But the company’s specific rules about an employee’s demeanor that chills rights under Section 7 of the National Labor Relations Act, the complaint says, while disciplining and firing Nagle on their basis violates Section 8.

“The employer's rule that...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS