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 …

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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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Can an employer restrict employees from leaving their work station?

The answer to that question is a qualified “maybe” or “maybe not.” Generally it is a given that an employer can control, if they want, when an employee can leave a work station. However, the National Labor Relations Board (NLRB) has offered a different interpretation that restricts an employer’s ability to have this restriction. Watch your …

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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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Unions now have access to your email

Late last year the National Labor Relations Board rendered a couple of decisions that are a radical departure from previous actions. I wrote about these on December 15th. One of those decisions dealt with whether employees can use a company email system to conduct union organization. In a 3-2 decision along party lines the NLRB …

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The NLRB delivers a big kick in the pants to employers

The National Labor Relations Board issued a ruling on December 12, 2014 that substantially changed procedures for unionization in the US. Fulfilling a long sought after promise to the unions the NLRB has shortened the time to run an election (quickie elections) and given unions access to employee email address they did not have before. …

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One Supreme Court Decision that helps Employers

In late June the U.S. Supreme Court issued many decisions. One of those dealt with a question that had been open for several years. In January of 2010 President Obama made some recess appointments to the National Labor Relations Board. There was a hue and cry that the President exceeded his authority in making these …

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