A catering worker reached “the outer bounds” of protected speech with a vulgarity-laced Facebook post about a supervisor, but the U.S. Court of Appeals for the Second Circuit said the worker could not be fired for his action (NLRB v. Pier Sixty, LLC, 2017 BL 131230, 2d Cir., No. 15-1841-ag, 4/21/17).
The April 21 court decision highlights the need for employers to carefully examine all of the circumstances before concluding that an employee’s social media outburst justifies disciplinary action.
Pier Sixty LLC argued that by lashing out at the supervisor and his family in a message that was...
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