Reply #31: The workplace banter often gets employees in trouble - and rightly so.

[kelly1mm]

As a union rep for a .gov union (so lots of due process and 1st amendment issues not in play in the OP) I see it all the time. I believe given the "facts" we have in this matter that the firing was justified. However, I would like to put out a couple of hypothetical situations (based on several disciplinary review hearings I participated in) that modify the OP's version of events and see what people think. For both hypos the facts as relayed above up to the point where he makes the statement about "he" taking her on her honeymoon are the same.

1) She responds back " Oh no, I am marrying a female. I am so glad MA changed their law and I don't care what those fundy bigots think!" He does not respond and calls HR. Would it then be OK to fire her for violation of the companies zero-tolerance policy as to bias based on religion (it is included in their policy per the copy of the termination letter)?

2) She responds back "Oh no, I am marrying a female. I am so glad MA changed their law and I don't care what those fundy bigots think, aren't you?" And he responds back saying "No, homosexuality is against my religious beliefs, deviant and an abomination against God!" Both call HR. Should one or both of them be fired? Or is it "offsetting fouls"?

These are the types of cases I have to deal with on an all to regular basis.