Mugarolla
Light 'em up!
Free speech comes in where the law allows it.
Yes you are. But did you read his posts?
There are types of speech that are not protected by the First Amendment. Free speech does not guarantee you the right to say anything you want. It also only protects you from prosecution from the government.
The following types of speech are not protected under the First Amendment.
Obscenity
Fighting words
Defamation (includes libel, slander)
Child pornography
Perjury
Blackmail
Incitement to imminent lawless action
True threats
Solicitations to commit crimes
The Administrative Law Judge agreed with UPS, that if he had still been an employee, he would have been terminated immediately for making those remarks under the UPS Anti-Harassment Policy.
You can call them out, you just cannot harass, coerce, intimidate, demean, defame, etc.
If he had just stuck to posting about his unjust termination, and not included the "extra's," he would be back to work today.
Exactly. Not only that, what he posted may have been illegal under the law.
Really? Anyway, he said a little more than that. If he had just stuck to knuckle dragger, he may have been reinstated.
this knuckle dragger is the Division Manager who [buffoons] his way along trying to
do his master (name withheld) bidding . . . he’s a cross between Barney Rubble,
Shrek, and Captain Caveman . . . listening to him talk is actually quite humorous,
it sounds like he’s chewing on cotton balls and marbles . . . I’ve yet to hear him
ever say one intelligent thing, but then again, it’d be difficult to decipher it if he did.
(name withheld) . . . this piece of garbage is the District Labor manager that has insinuate
himself into every step of my discipline . . . a condescending, self righteous little man
who’s creepy demean[or] will just plain make your skin crawl . . . I have to say I have
never seen a man sit in a chair and cross his legs in a more dainty and effeminate way, he
legitimately looks like he should be sitting on a tuffet eating his curds and whey! . . . he
definitely gives off the impression that he’s trying as hard as he can to compensate for
something. . . . my guess, erectile dysfunction.
That is my issue also. The ALJ did not reinstate him because he said that UPS would have terminated the guy for making those comments. But the guy was not an employee at the time he made them. Or was he?
I agree. I was looking for, and still cannot find, a precedent or case to not reinstate an employee because of post employment actions.
The closest I found so far is a board decision denying back pay to an individual, who was reinstated, during the time he was arrested and incarcerated.
The only issue that I can come up with so far is that if this guy appealed his termination to the NLRB, which is basically what he did, that he is not "legally" terminated until the decision from the NLRB.
I don't know. I am not a lawyer. If the ALJ made this decision erroneously, I'm sure it will be reversed upon appeal, if it is appealed.
Maybe there is something in the law that we are not seeing about termination and when he is "legally" terminated. He did have his termination appealed to the NLRB. Is he not officially terminated, under the law, until the NLRB rules either way? Again I am not a lawyer.
If it appealed, we may find out.
Maybe not every day, but if they do it verbally like this guy did, to the extent that this guy did, and they admit to it or you have witnesses, they too will be terminated.
I held the door open for a Center Manager myself. Watched him walk right out the door never to come back again.
A negatively slanted comment is far from inflammatory, degrading, harassment, etc.
You have to say far more than my sup is a jerk to be terminated under the Anti-Harassment Policy.
Kind of. They will protect their own accused of harassment to the end. They will do everything they can to make the charge go away so they do not have to deal with it. If you have witnesses, and push the issue, and it is credible, even a Center Manager will be walked out the door.
I thought he got back pay up until the point where UPS learned about his Facebook posts. This is where the ALJ stopped the back pay, agreeing that at this point, UPS would have terminated him.
In your Supplement. Most are different. Some list workplace violence as a cardinal sin, some do not.
But, if your going where I think you are going, I believe that no supplement specifically lists Harassment as a Cardinal Sin. Does not matter though. You will be terminated for harassment anyway, Cardinal Sin or not.
An employee, posting inflammatory, derogatory, intimidating, etc. remarks about his employer or sup, in a public forum or chat room, etc. will be terminated, by any company, whether off the clock or not.
Read the newspaper. It happens everyday.
Just because you are off the clock does not mean that you are legally allowed to harass, coerce, intimidate, demean, defame, your supervisor on social media.
Like I said before, calling your boss a jerk on Facebook will not get you fired. Doing what the guy in question did, no question. You will be terminated.
Kind of.
But, I have over 2500 posts on this site. Have you seen one post where I have harasses, intimidated, coerced, anyone?
Believe me, I'd like to. Been here over 30 years. I could write a book and over half of it would be negative about UPS and its managers. I have seen it all, done it all, been through it all.
And UPS does not even know who I am. This guy posted under his own name to Facebook.
One of the issues I see from this case. I wish the ALJ would have cited his legal evidence, or case law, or decision which he based his decision upon.
We can only hope for an appeal.
