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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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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Do your confidentiality and nondisclosure agreements violate Federal law?

Most companies try to protect proprietary information by having employees sign confidentiality and nondisclosure agreements. Unfortunately in the eyes of various regulatory agencies these agreements are considered to be too restrictive and violate various aspects of federal law. Violated provisions According to attorney Andrew Trimble of McBrayer, McGinnis, Leslie & Kirkland, PLLC, there are three …

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Why calling the boss a “f**king a**hole” may be protected activity

Most bosses would probably react negatively to being told he is a “f**cking a**hole” to his face. In my book that would probably be a good reason to terminate the employee’s employment. It is obvious he is not going to be a team player, he may not be trustworthy, and he is certainly not going …

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The NLRB basically says you have to allow negativity

As I was telling a class the other day the National Labor Relations Board is getting more and more intrusive into non-union companies. Here is an example. Poor work environment Many companies have made attempts to improve the work environment when it as devolved into a state where there was a lack of cooperation, fighting …

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Can a Concerted Activity F-Bomb Get You Fired?

  The NLRB has been the object of many blog posts in connection to “protected concerted activity”. I have written on it several times. One of the conclusions that many of us have come to is that even if the language engaged in is very coarse the employee may be immune from termination. Fortunately that …

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Turnabout is not Fair Play

  If you have been paying attention, to either my blog posts or others or the HR literature, you know the National Labor Relations Board has been enforcing protection of workers’ rights in their use of social media. But not everyone is protected. Turnabout is not fair play. A refresher on Section 7 The NLRB …

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Social Media Prohibitions Declared Illegal

  You know all those news stories about people being fired for using social media and then reinstated because of the action of the National Labor Relations Board? Well, all those decisions may have been declared illegal! At least that may be the outcome of the action taken by a three judge panel of the …

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Right-to-Work Gives Workers Rights

  I was dumbfounded by some of the statements I have heard in the arguments about the implementation of “right-to-work” laws in Michigan. The bottomline is that right-to-work GIVES workers rights rather than taking them away. Background I have touched on this before when Indiana passed right-to-work legislation in early 2012 when I wrote New …

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Social Media Use and the NLRB Again

  The attempts to control social media use in the workplace by employees is like “tilting at windmills.” Control is not really something you have and the NLRB is making it more difficult with every decision they make. So here is another lesson is social media use and the NLRB, again. The NLRB decision The …

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