October 26, 2015

2d Rejects Firing Over social media posts

Connecticut-based Triple Play Sports Bar and Grille fired bartender Jillian Sanzone’s over her post calling her employer an “asshole” and another employee who “liked” the post. The 2d circuit has sided with the NLRB and found that the firings violated the NLRA. The Court distinguished a 2012 precedent, NLRB v. Starbucks Corp., where it approved the firing of an employee who uttered obscenities within earshot of customers.

The case is Three D LLC v. National Labor Relations Board, case number 14-3284, in the U.S. Court of Appeals for the Second Circuit.