Employee Wrongfully Terminated for Online Rant

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Hernan Perez was a server for Pier Sixty LLC, a catering company, for 13 years. During a tense union organizing drive and following what Perez viewed as disrespectful treatment, Perez posted a message on his personal Facebook page calling his supervisor a “NASTY MOTHER F—ER” and “a LOSER,” saying “f— his mother and his entire f—ing family,” and then concluding by urging co-workers to vote for unionization. Perez was terminated when management discovered the post.

The 2nd Circuit U.S. Court of Appeals affirmed the NLRB’s decision that even though Perez’s message was dominated by vulgar attacks, the “subject matter”

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