In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it...more
Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the...more
Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive? The answer is, generally,...more
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more
Neighbors don’t always get along – not even affluent neighbors living in exclusive gated communities in Bel-Air. This was proven most recently, when the Huffington Post released security camera audio of Jeffrey Mezger...more
On Saturday, August 12, as the nation watched, protests in Charlottesville, Virginia regarding the anticipated removal of a statue of Confederate general Robert E. Lee turned deadly. In the days and weeks after, both the...more
We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity. In the aftermath of this month’s events in Charlottesville, Virginia we are likely to see additional rallies,...more
Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more
The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more
Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise. In a troubling decision handed...more