Category Archives: Disgruntled Employees

A Recipe for Burrito Disaster: Twitter and the NLRA

In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the company on Twitter and for circulating a petition in store regarding scheduled breaks. Kennedy sued, alleging that his termination violated the NLRA. One of Kennedy’s tweets contained a news article regarding hourly workers having to work on snow days while other workers were off. The tweet referenced Chipotle’s communications director, asking, “Snow day for ‘top performers’ Chris Arnold?” Another tweet involved a reply to a customer who tweeted …

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“Like” It or Not, It’s Protected Activity Under the NLRA

If I’ve heard it once, I’ve heard it a million times:  “It’s employment at will in this state.  I can fire my employees for any reason or no reason at all.”  Well, if that “any reason” or “no reason” has something to do with social-media based condemnation of your company, you might want to think again before permanently “unfriending” your employee. This past week, the Second Circuit affirmed an NLRB ruling that an employee’s Facebook post criticizing her employer (the “Triple Play Bar and Grille”) in connection with its income tax withholding practices (trying to keep this post PG, but …

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Union or Not, the NLRB Has Employers (and Their Employee Handbooks) In Its Sights

Here’s something that often comes as a surprise to my clients with a non-union employee base: the NLRA (National Labor Relations Act) likely applies even without any union employees. Yep – you read that right. In fact, the NLRA’s application is quite broad, covering the vast majority of private employers in the United States. And because there aren’t already enough rules and regulations that employers need to comply with (read that again, with sarcasm), the NLRB has been making things even more difficult for employers lately, paging through employee handbooks and going line by line to find potential issues. In …

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California Employee Termination – Getting It Right

Letting an employee go is never easy. No one wants to be the bearer of bad news, especially in California where employee terminations seem to frequently end in (or begin) claims or lawsuits alleging discrimination, harassment, or retaliation. Avoiding, or reducing, the risks of claims and suits requires preparation before, during (including the termination meeting), and after the employment. Preparation should start before the employment Be sure your company has written policies and procedures about handling employee complaints or concerns relating to discrimination, harassment, and retaliation. Have written discipline policies and evaluation processes to show that the company takes employee …

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