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Even Profane Emails of Employees May Be

By Fox Rothschild LLP

Employee emails referencing an employer’s unfair labor practices may be protected under the federal National Labor Relations Act, even if such speech may seem inappropriate.

Employee emails referencing an employer’s unfair labor practices may be protected under the federal National Labor Relations Act, even if such speech may seem inappropriate. An NLRB (Board) ruling on this issue was affirmed by a summary order from the United States Court of Appeals for the Second Circuit.

Before making any termination considerations, employers should ascertain whether the substance of an employee’s critical comments could be considered a protected activity under the NLRA.

 

This publication is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. This publication is based on the most current information at the time it was written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this publication.
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Full Alert: Even Profane Emails of Employees May Be Federally Protected
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