Connect with us

Business News

Apparently this guy can’t be fired after calling his boss a mofo on Facebook

(BUSINESS NEWS) A man is protected from firing after he cusses out his boss on Facebook.

Published

on

frustrating

Don’t do that

Johnny Paycheck ‘s 1977 hit, “Take This Job and Shove It” encapsulated the thought of many a worker: the ability to tell one’s boss, in direct terms exactly what was thought of him, and what he could do with his job. That thought, however, typically isn’t a reality.

bar
Tell your boss to shove it, and you’re typically the one doing the shoving. Of all of your things. Into a little box. That you and the security guard carry downstairs on your way off of the property.

Hypothetically…

So what happens when you publicly curse your boss on social media, using rather profane language in describing them and their shortcomings as a leader? That’s automatic termination, right?

Not so fast.

In a recent case before the National Labor Relations Board, board members voted 2-1 to overturn the firing of Hernan Perez, who posted to his Facebook account that his boss “…is such a NASTY MOTHER F-ER don’t know how to talk to people!!!!!! F-k his mother and his entire f-ing family!!!! What a LOSER!!!! Vote YES for the UNION!!!!!!!”

Well, that certainly seems clear enough, and would typically warrant termination.

So what’s the difference here?

The rub

Mr. Perez was an employee of Pier Sixty in New York City and had been for 13 years. In 2011, the service employees of the company began a drive to organize as a union, a drive that company management was actively opposed to.

Two days prior to the vote, Perez’s boss mildly reprimanded him, albeit loudly in front of others, and Mr. Perez vented his frustrations to the world at large.

A month and a half later, after the union had formed, the company fired Perez after learning about the Facebook posting, stating that the comment was a violation of the company’s anti-harassment policy.

Both the NLRB and the United States Court of Appeals for the Second Circuit, to whom Pier Sixty had appealed after the 2-1 NLRB decision, found that Perez’s speech, although vulgar, was protected under the National Labor Relations Act as a part of union organizing activity.

“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,” Judge José Cabranes wrote, crafting an opinion for the triumvirate of judges.

Pier Sixty had done themselves no favors.

In attempting to curb support for the proposed union, they had created a ban on talking between employees. When Perez was told to be quiet by his boss, it wasn’t in an effort to maintain workplace decorum as much as it was to chill the organization of the union.
Additionally, the company had been incredibly lax about the tolerance of profanity in the workplace, with obscenities common among both frontline staff and company management alike, including the terms alluded to in Perez’s posting.

No employee had ever been fired for use of profanity at Pier Sixty, and averaged less than one warning for profanity per year to employees for the six years prior to Perez’s firing.

“Under the circumstances presented here, it is striking that Perez – who had been a server at Pier Sixty for thirteen years – was fired for profanities two days before the Union election when no employee had ever before been sanctioned (much less fired) for profanity,” said the judges in their ruling.

So, we can’t fire employees for cursing out their bosses now?

The answer is, as it is with so many things in life, a qualified maybe.

How to handle it

Although right to work states do not have to worry about union organization with the frequency that other states do, it is incumbent upon employers to know the law and how to address employees’ rights to organization should talk of a union begin. Ensure that your human resources department is trained in the tenets of the National Labor Relations Act, with at least annual reviews on changes in case law that apply to your field, and make certain that your legal counsel gives timely advice should talk of a union begin (or gives you a referral to labor counsel if it’s outside of their field).
Secondly, if you have a policy on appropriate workplace conduct, follow it.

A rule seldom or only selectively enforced is a nightmare waiting to happen at termination time.

Finally, if your workplace is profanity tolerant, you’ll have a harder time training your employees where the magical line is between okay and fired, so consider making your workplace standards of conduct consistent with professionalism.

Firing well

As with any termination, it should never be a surprise to the employee when it happens, whether it’s for lackluster performance over time or the one very big bad thing that they did. But you’ve got to be sure that you’ve protected yourself by ensuring that you’re really firing the employee for what you say you are, rather than using it as a pretense for other things altogether.

#FiringWithGrace

Roger is a Staff Writer at The American Genius and holds two Master's degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Business News

Chick-fil-a stops donating to anti-LGBTQ orgs; can we eat hate nuggets now!?

(BUSINESS MARKETING) Boycotts, protests, and media coverage about the controversy may finally be making an impact as the company attempts to alter its reputation.

Published

on

chick-fil-a

After years of controversy for its anti-LGBTQ policies and donations, Chick-Fil-A announced Monday that it would stop funding three faith-based organizations similarly known for their anti-LGBTQ activities. The chicken sandwich empire has donated millions to The Salvation Army, the Fellowship of Christian Athletes, and Paul Anderson Youth Home, but from 2020 going forward, the chain will cease donations to these organizations.

Controversy over Chick-fil-A’s ethos exploded in 2012 when a Pennsylvania Chick-fil-A sponsored a Christian seminar promoting “traditional” marriage, and its CEO Dan Cathy made public comments opposing same-sex marriage. While these events brought Chick-fil-A’s homophobic politics to light, the chain had already, for years prior, been donating millions of dollars to organizations that either discriminate against or work explicitly to curtail the rights of LGBTQ people.

Some queers put down their sandwiches and joined a national boycott and protests, while others found tongue-in-cheek ways to process feeling guilty for continuing to enjoy waffle fries. At first the boycott backfired, with Governor Mike Huckabee hosting a Chick-fil-A Appreciation Day, encouraging conservative chicken lovers to show up en masse to support the chain and deliver a proverbial middle finger to the LGBT community by ordering extra nuggets.

However, the boycotts, protests, and media coverage about the controversy may finally be making an impact as the company attempts to alter its reputation. Chick-fil-A president, Tim Tassopoulos noted that there have been numerous news stories about the chain’s politics, explaining that “as we go into new markets, we need to be clear about who we are.” Attempts to expand into Europe hit a major setback when one of its two UK locations closed because the shopping center in which it was located took offense to Chick-fil-A’s anti-LGBTQ stance and decided not to renew the lease.

A spokeswoman told the Thomas Reuters Foundation that the company had fulfilled the “multi-year commitments” it made to Salvation Army and Fellowship of Christian Athletes, and that now that their “obligations” were complete, they would focus their charitable giving elsewhere.

Future donations will go toward charities that focus on education and homelessness, such as Junior Achievement USA and Covenant House. Grants will be distributed and reviewed annually. LGBTQ activists are optimistic, but slightly skeptical of the change. GLAAD director of campaign and rapid response Drew Anderson called for “further transparency” regarding Chick-fil-A’s “deep ties to organizations like Focus on the Family, which exist purely to harm LGBTQ people and families.”

Anderson further pointed out that Chick-fil-A has no non-discrimination policies protecting LGBTQ employees. The chain is also known for asking applicants about their religious and marital status in job interviews, making discrimination against non-Christian and LGBTQ applicants all too easy. Anderson called for Chick-fil-A to “unequivocally speak out against the anti-LGBTQ reputation that their brand represents.”

CEO Dan Cathy has been notoriously unapologetic for his homophobic views, expressing in 2014 that he regretted getting Chick-fil-A embroiled in controversy, but that his opinions about same-sex marriage had not changed.

While many are celebrating the withdrawal of funds towards certain anti-LGBTQ organizations, there’s no guarantee that more donations of this kind won’t be made in the future. So enjoy those hate nuggets with a large grain of salt.

Continue Reading

Business News

Ford rolls out a weird electric SUV that is somehow also a Mustang

(BUSINESS NEWS) Ford’s new Mach E is part of their big electric push, and their plan to get you in one is to appeal to the American dream of a mustang.

Published

on

ford mach E

What do you get when you cross a Mustang, Tesla and SUV? A traffic accident!

(Just kidding, bad joke; it’s the 2021 Ford Mach E, one of Ford’s 22 upcoming electric or hybrid vehicles. )

Since when has Ford been pushing for electric cars? Actually, it’s been a while, but Ford’s efforts have definitely increased since Jim Hackett took over as CEO of Ford Motors in 2017.

Hackett revitalized Ford’s mission and began pushing for a greater focus on electric and hybrid cars. In fact, Hackett even created an internal team – Team Edison – which oversaw the development of electric cars. The Ford Mach E is actually the first car to be unveiled.

One down, 21 to go.

Sure, the name Ford Mach E is pretty cool, but how cool can a sports car/SUV hybrid really be? It’s the first non-sports car to use the Mustang name, which is a bold move. Luckily, the Ford Mach E is slated to go 0 – 60 in under four seconds, which means it can keep up with other Mustangs and even go faster than some Porches. It also boasts around a 459 horsepower, which is higher than most SUVs on the market. Not half bad for an electric SUV.

Along with the battery – which will be able to last anywhere from 200 to 300 miles, depending on the unit – the Mach E is chock full of exciting new tech. For instance, it’ll boast hands-free driving assist technology comparable to Tesla’s.

It also includes a sleek interior, a large center screen and Ford’s new SYNC system, which will adjust entertainment customizations based on user preference.

This cloud-based system learns from drivers’ habits: if a driver typically stop for coffee in the morning, the system might automatically suggest routes to a coffee shop.

Kind of creepy, but also pretty neat.

The car is projected to hit the market in late 2020 and will be competing with other electric models from Tesla and Volkswagen.

Prices for the Ford Mach E will range from $43,000 to about $60,000, which is fairly comparable to other companies. With a $500 refundable deposit through the Ford website, individuals can place a reservation on one of these upcoming cars now.

Continue Reading

Business News

Ageism: How to combat discrimination in the workplace

(BUSINESS) Ageism is still being fought by many companies, how can this new issue be resolved before it becomes more of a problem?

Published

on

Ageism-void

Google recently settled an age discrimination lawsuit to the tune of $11 million. The lawsuit from 2015 alleged that Google favored people under 40 for hiring. The federal case involved more than 200 parties. Part of the settlement requires Google to train managers on age bias in recruiting and hiring. There’s hope that the settlement will raise awareness in the tech industry, where ageism is thought to be pervasive.

IBM is also facing an age discrimination lawsuit alleging the company “systematically removed older employees from its workforce.” This lawsuit was filed in March in federal court in the Southern District of New York.

Both IBM and Google deny that there is any discrimination in hiring in their respective companies. IBM is confident that the case will fail. Google settled the case rather than fight it in court. The IBM case is still working its way through the system. It is highlighting ageism in tech, but the tech industry certainly isn’t the only one that seemingly discriminates against older workers.

Workers over the age of 55 represent the fasting growing sector in labor. The U.S. Department of Labor estimates that 25% of the labor force will be over age 55 by 2024. A 2018 AARP survey found that over 60% of the respondents reported age discrimination in their workplace. The figure is even higher among older women, minorities and unemployed seniors. Age discrimination is a problem for many.

How can your organization create an age-inclusive workforce?

It is difficult to prove age discrimination but fighting a lawsuit against it could be expensive. Rather than worrying about getting sued for age discrimination, consider your own business and whether your culture creates a workplace that welcomes older workers.

  1. Check your job descriptions and hiring practices to eliminate graduation dates and birthdates. Focus on worker’s skills, not youthful attributes, such as “fresh graduate” or “digital native.” Feature workers of all ages in your branding and marketing.
  2. Include age diversity training for your managers and employees, especially those that hire or work in recruiting.
  3. Support legislative reforms that protect older workers. Use your experience to create content for your website.

Changing the culture of your workplace to include older workers will benefit you in many ways. Older workers bring experience and ideas to the table that younger employees don’t have. Having mixed-age teams encourages creativity. There are many ways to support older workers and to be inclusive in your workplace.

What steps are you taking in your organization to reduce ageism in your workplace?

Continue Reading
Advertisement

Our Great Partners

The
American Genius
news neatly in your inbox

Subscribe to our mailing list for news sent straight to your email inbox.

Emerging Stories

Get The American Genius
neatly in your inbox

Subscribe to get business and tech updates, breaking stories, and more!