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

Finally the American workforce is now mostly women!

(BUSINESS NEWS) Women officially make up more than half the workforce, but that doesn’t mean total equality. So what does this tipping of the scale mean?

Published

on

women workforce

Equality for women has finally been achieved: according to the Bureau of Labor Statistics, women now make up more than half of the workforce! That’s it, that’s the article.

Kidding. Just because women are currently in the majority doesn’t mean all their problems are solved.

First, it’s worth noting that although women currently make up more than half of employees on payroll, that number is slight (50.04% to be exact). Not to mention, women are very likely to fall back in the minority once construction – a male dominated profession – picks back up in the spring.

Still, the number of women in the workforce has been growing over the last decade. While jobs in manufacturing – another male dominated field – are dwindling, jobs in education and healthcare are growing. When it comes to K-12 teaching, for example, women are more likely to fill teaching roles. Women also dominate in nursing.

Not to mention, women are earning more degrees than men!

That said, despite this progress, women as a whole are still getting paid less than men. Part of the reason lies in the types of careers that women end up in. Those female-dominated fields we mentioned earlier? They don’t typically pay well. Plus, there’s that pesky glass ceiling that still exists in some fields. Remember, there are more CEOs named John than female CEOs.

It’s also worth noting that the information collected by the Bureau of Labor Statistics only covered people on a payroll. That means the growing number of freelancers aren’t being accounted for in the report. Freelancing has become a great way for individuals, often women, to stay home and care for their family while also earning money. It would be interesting to know how freelancers shift the balance, both in employment and income.

Finally, there’s the invisible labor that women often contribute to society. According to the UN, women account for 75% of all unpaid labor – which includes things like childcare, meal prep and cleaning. This is vital labor that is not accounted for by studies like that of the Bureau of Labor Statistics and sheds light into another reason why women might still have lower pay than men, on average.

So, yes, the fact that women make up over half the workforce is something to be celebrated! That said, we’ve still got work to do on the equality front.

Continue Reading

Business News

Interview escape plan 101: Because you definitely need one

(BUSINESS NEWS) A job interview should be a place to ask about qualifications but it seems more people are asked about their personal life. How do you escape this problem?

Published

on

interview from hell

“So, why did you move from Utah to Austin?” the interviewer asked over the phone.

The question felt a little out of place in the job interview, but I gave my standard answer about wanting a fresh scene. I’d just graduated college and was looking to break into the Austin market. But the interviewer wasn’t done.

“But why Austin?” he insisted, “There can’t be that many Mormons here.”

My stomach curled. This was a job interview – I’d expected to discuss my qualifications for the position and express my interest in the company. Instead, I began to answer more and more invasive questions about my personal life and religion. The whole ordeal left me very uncomfortable, but because I was young and desperate, I put up with it. In fact, I even went back for a second interview!

At the time, I thought I had to put up with that sort of treatment. Only recently have I realized that the interview was extremely unprofessional and it wasn’t something I should have felt obligated to endure.

And I’m not the only one with a bad interview story. Recently, Slate ran an article sharing others’ terrible experiences, which ranged from having their purse inspected to being trapped in a 45 minute presentation! No doubt, this is just the tip of the iceberg when it comes to mistreatment by potential employers.

So, why do we put up with it?

Well, sometimes people just don’t know better. Maybe, like I was, they’re young or inexperienced. In these cases, these sorts of situations seem like they could just be the norm. There’s also the obvious power dynamic: you might need a job, but the potential employers probably don’t need you.

While there might be times you have to grit your teeth and bear it, it’s also worth remembering that a bad interview scenario often means bad working conditions later on down the line. After all, if your employers don’t respect you during the interview stage, it’s likely the disrespect will continue when you’re hired.

Once you’ve identified an interview is bad news, though, how do you walk out? Politely. As tempting as it is to make a scene, you probably don’t want to go burning bridges. Instead, excuse yourself by thanking your interviewers, wishing them well and asserting that you have realized the business wouldn’t be a good fit.

Your time, as well as your comfort, are important! If your gut is telling you something is wrong, it probably is. It isn’t easy, but if a job interview is crossing the line, you’re well within your rights to leave. Better to cut your losses early.

Continue Reading

Business News

What’s DMT and why are techies and entrepreneurs secretly taking the drug?

(BUSINESS) The tech world and entrepreneur world are quietly taking a psychadellic in increasing numbers – they make a compelling case, but it’s not without risks.

Published

on

DMT

Move over tortured artists and festival-goers, psychedelics aren’t just for you anymore. An increasing number of professionals in Silicon Valley swear by “microdosing” psychedelic substances such as lysergic acid diethylamide(LSD) in efforts to heighten creativity and drive innovative efforts.

This probably isn’t a shock to anyone following trends in tech and startups, particularly the glorification of the 8-trillion hour workweek (#hustle). But business owners, entrepreneurs, and technologists are also turning to other hallucinogens to awaken higher levels of consciousness in hopes of influencing favorable business results.

Dimethyltryptamine (DMT) is growing in popularity as business leaders and creatives flock to Peru or mastermind retreats to ingest the drug. It exists in the human body as well as other animals and plants. In his book DMT: The Spirit Molecule, Dr. Rick Strassman says “this ‘spirit’ molecule provides our consciousness access to the most amazing and unexpected visions, thoughts and feelings. It throws open the door to worlds beyond our imagination.”

The substance is commonly synthesized in a lab and smoked, with short-lived effects (between five to 45 minutes, however, some say it lasts for hours).

Traditionally, however, it is extracted from various Amazonian plant species and snuffed or consumed as a tea (called ayahuasca or yage). The effects of DMT when consumed in this manner can last as long as ten hours. Entrepreneurs are attracted to the “ayahuasca experience” for its touted ability to provide clarity, vision and inventiveness.

Physical effects are said to include an increase in blood pressure and a raised heart rate. Users report gastrointestinal effects when taken orally, commonly referred to as the “purge.” The purging can include vomiting or diarrhea, which makes for interesting conversation at the next company whiteboarding session.

Users are subject to dizziness, difficulty regulating body temperature, and muscular incoordination. Users also risk seizures, respiratory failure, or falling into a coma.

DMT can interfere with medications or foods, a reason why many indigenous tribes that work with it also follow specific dietary guidelines prior to ingestion. Not paying attention to diet or prescription medication prior to consuming ayahuasca or DMT can lead to the opposite of the intended effect, potentially even causing trauma or death.

So why the hell are people putting themselves through this ordeal?

Many claim profound mental effects, often experiencing a transformative occurrence that provides clarity and healing. Auditory and visual hallucinations are common, with reports of geometric shapes and sharp, bold colors. Many report intense out-of-body experiences, an altered sense of time and space or ego dissolution (“ego death”).

Studies have indicated long-term effects in people who use DMT. Some report a reduction in symptoms of depression or anxiety.

Subjects in an observational study showed significant reductions in stress after participating in an ayahuasca ceremony, with effects lasting through the 4-week follow-up period.

Subjects also showed improvements in convergent thinking that were still evident at the 4-week follow up. People who consume DMT generally chronicle improvements in their overall satisfaction of life, and claim they are more mindful and aware after the experience.

It’s important to note that dying from ayahuasca is rarely reported, but that doesn’t rule out the risk. It’s also illegal in the states, explaining why groups flock to Peru to visit licensed ayahuasca retreats or why technologists buy DMT on the dark web to avoid detection.

For those considering a DMT journey (and we don’t recommend it based on the illegal nature and health risks), it’s critical to gain a full understanding of the potential risks prior to consumption.

For more reading:

This story was first published here in June, 2019.

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!