Fire that employee for complaining about wages at your own peril revisited

I read an article about a cocktail waitress who was fired for “not getting along with management” because she complained in an employee meeting about uniforms, the cold temperature, a lack of benefits, and reduced pay for special events. Management must have thought she was a pain, so they fired her two days later. That …

Read moreFire that employee for complaining about wages at your own peril revisited

Your nonunion employees are still protected by the National Labor Relations Act

Many employers are unaware of the National Labor Relations Act which provides protection to employees even though those employees do not belong to a union. A recent decision by an Administrative Law Judge shows just how far this can be taken. Walked off the job According to attorneys Robert T. Quackenboss, Kurt G. Larkin and …

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Can you ban political discussions in the workplace?

We are but three months away from knowing who will be the new chief executive in the White House. Given the political discourse to date that could end up being a long three months. Both sides have been vocal, physical at times, and most workplaces would not be the appropriate forum for those kinds of …

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The NLRB trashes positive workplaces as being unfriendly to unions

In what can only be described as an absurd decision the NLRB has punished a company for having a “positive workplace” statement in their employee handbook. T-Mobile’s language This case involved the communications company T-Mobile which has union employees. According to attorney Christopher Grey, of  Wickens, Herzer, Panza, Cook & Batista Co. “The NLRB has …

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Are employees protected from termination for social media posts?

Curt Schilling, former superstar turned ESPN announcer, was prominent in the news last week because he got fired for comments he made about the North Carolina “bathroom” law. (If you are not familiar with what that is you click here.) Many people may have thought that Schilling was protected in his comments, so what is …

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What can you do with a disloyal employee?

It is a safe bet that most companies have, at some time, had an employee or two that they considered to be disloyal. In most cases the penalty for disloyalty most often applied is termination. Unfortunately today the National Labor Relations Board may disagree with you and that may embolden your employees. This was a …

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Can you prohibit employees from taking photos at work?

The answer, like many in HR, is it depends on the circumstances. If you ask the NLRB they will tell you “No” if it interferes with an employee’s rights under the National Labor Relations Act. In fact recording of any kind, photographic or voice, has to be allowed baring some valid legal or business justification. …

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Could temporary workers become a hot bed of union activity?

The National Labor Relations Board recently rendered a decision that has many management side attorneys shaking their heads and wondering if this might open the door to union activity in some companies via their use of temporary staffing agencies. The case Browning-Ferris Industries, or BFI, runs a recycling operation that employees union workers. They also …

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NLRB rules calling your boss a “NASTY MOTHERF**KER” is protected!

In the words of the Church Lady from Saturday Night Live “Isn’t that special.” In a ruling that is certain to make some people shake their heads the NLRB ruled that obscene and offensive language did not go “beyond the pale” as one dissenting member said. It seems to open the door to making union …

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Who CAN you fire for their social media activity?

Most people in business have heard of the clamp down on companies firing employees for their use of social media. This is a result of the work of the National Labor Relations Board who says they are protecting the right of employees to engage in “protected concerted activity” as detailed in Section 7 of the …

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