Comments on: Labor and employment roundup https://www.overlawyered.com/2015/05/labor-and-employment-roundup-7/ Chronicling the high cost of our legal system Fri, 05 Jun 2015 04:30:14 +0000 hourly 1 By: Labor and employment roundup - Overlawyered https://www.overlawyered.com/2015/05/labor-and-employment-roundup-7/comment-page-1/#comment-324317 Fri, 05 Jun 2015 04:30:14 +0000 http://overlawyered.com/?p=52872#comment-324317 […] perspective on working in a nail salon [Tyler Cowen, earlier pushback on New York Times […]

]]> By: MattS https://www.overlawyered.com/2015/05/labor-and-employment-roundup-7/comment-page-1/#comment-323656 Tue, 19 May 2015 16:20:53 +0000 http://overlawyered.com/?p=52872#comment-323656 In reply to Roy.

There is a very important piece of context at the linked article that is not in the blurb above, that clearly distinguishes the case in question from insubordination for which an employee could be fired.

The employee in question did not call his boss a mfer to his face. Rather he made that reference in a social media post that was also advocating for people to vote yes on a union election. It’s the latter part that makes it protected labor advocacy.

]]> By: Roy https://www.overlawyered.com/2015/05/labor-and-employment-roundup-7/comment-page-1/#comment-323655 Tue, 19 May 2015 15:15:12 +0000 http://overlawyered.com/?p=52872#comment-323655 So, if I call my boss a nasty mfer and it is protected speech, does that mean it is protected speech if my boss uses the same language in refering to me?

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