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The appeals court concludes that Perez’s firing was improper: First, although Perez used vulgar attacks and referenced the supervisor’s family, the subject matter of the message included workplace concerns. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Outrageous vulgarities no basis to fire employee during union fight

27 Apr 2017, 6:42 am by Second Circuit Civil Rights Blog

The Court of Appeals says it is not, for the following reasons:First, even though Perez’s message was dominated by vulgar attacks on McSweeney and his family, the “subject matter” of the message included workplace concerns—management’s allegedly disrespectful treatment of employees, and the upcoming union election. [read post]

Wait A Second! - http://secondcircuitcivilrights.blogspot.com/

Is Calling Your Boss “a Nasty Mother******” Protected Activity?

25 Apr 2017, 8:41 am by Daniel Schwartz

Management learned of the post, investigated, and then fired Perez, just days before the election. [read post]

Connecticut Employment Law Blog - http://www.ctemploymentlawblog.com/

Employee’s Facebook post not so ‘opprobrious’ that it lost NLRA protection

25 Apr 2017, 8:07 am by Joy Waltemath

The employer did argue that the Board’s decision—that “Perez’ comments were not so egregious as to exceed the Act’s protection”—was not supported by “substantial evidence” in the record. [read post]

WKL&B WOrkDay Blog - http://www.employmentlawdaily.com/index.php/blog

2nd Circuit holds that it’s perfectly okay for an employee to curse out his boss on Facebook (NSFW)

25 Apr 2017, 4:44 am by Jon Hyman

First, even though Perez’s message was dominated by vulgar attacks on McSweeney and his family, the “subject matter” of the message included workplace concerns—management’s allegedly disrespectful treatment of employees, and the upcoming union election. [read post]

Ohio Employer's Law Blog - http://www.ohioemployerlawblog.com/

NLRB’s revamped successor bar doctrine well-founded, survives scrutiny

5 Apr 2017, 6:52 am by Joy Waltemath

By Lisa Milam-Perez, J.D. [read post]

WKL&B WOrkDay Blog - http://www.employmentlawdaily.com/index.php/blog

Mistrial Leads to Double Jeopardy Violation in State v. Schalow

21 Mar 2017, 8:39 am by Phil Dixon

Perez, 22 U.S. 579 (1824) (no double jeopardy violation with mistrial after hung jury). [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

Mistrial Leads to Double Jeopardy Violation in State v. Schalow

21 Mar 2017, 8:39 am by Phil Dixon

Perez, 22 U.S. 579 (1824) (no double jeopardy violation with mistrial after hung jury). [read post]