An employee called his boss a “NASTY MOTHER F***ER” on Facebook and further wrote about the boss: “F*** his mother and his entire f***ing family.” His boss fired him. Was this a wrongful termination? The answer may be surprising. Today’s employment law blog from Long Island employment lawyers Famighetti & Weinick PLLC explains.
The following facts are taken from NLRB v. Pier Sixty, LLC, a case decided by the Second Circuit Court of Appeals on April 21, 2017.
Hernan Perez was a server for Pier Sixty, a catering company. In 2011, Pier Sixty’s employees sought union representation. The organizing campaign was “tense,” with management threatening employees that they could be fired for union activities. Nonetheless, the employees unionized via a vote on October 27, 2011.