- Written by Michael Saqui and Jason Yang
An employer would normally be justified in firing an employee who, during a rest break, posted on Facebook that his supervisor was a “NASTY MOTHERF[@#$]ER,” “F[@#$] his mother and his entire f[@#$]ing family!!!! What a LOSER!!!!!” But what if the Facebook post at issue also included the following language, “Vote YES for the UNION!!!!!!!”? Is the call to unionize sufficient to insulate the employee from termination? Shockingly, the Second Circuit Court of Appeals, in NLRB v. Pier Sixty LLC, found that under the circumstances the employee’s termination violated the National Labor Relations Act (“NLRA”).
Jumping To Conclusions Can Cost You: Rescinded Offer to Pregnant Applicant Costs Employer 6-Figure Settlement
- Written by Rebecca Hause-Schultz
Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) and a Florida employer reached a $100,000.00 settlement stemming from a discrimination claim by a pregnant job applicant who alleged her offer was pulled because of her pregnancy. The applicant, Nicole Purcell, contended that the employer formally offered her a job in March 2015. After receiving the job offer, Purcell called the employer’s office and asked to speak with a department head. She told the department head she was pregnant, and asked about the employer’s maternity policy. Less than half an hour later, the employer pulled Purcell’s offer, explaining that they had a very urgent need to have somebody in the position long term.
The EEOC said that the employer violated the law by assuming that Purcell could not perform the duties asked of her. The employer was required under the law to assume that a pregnant employee could perform the job until proven otherwise, or until the employee asks for an accommodation due to her pregnancy.