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Reply #53: union statutes provide an exception to employment at will, e.g., Wagner Act of 1935 [View All]

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spooky3 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-26-11 12:57 PM
Response to Reply #3
53. union statutes provide an exception to employment at will, e.g., Wagner Act of 1935
A question is why he was leaving "within a week." If he was planning to quit anyway, and the company simply stepped up the timing BECAUSE of his exercise of protected speech, they might be liable only for a week of pay, etc.

You do not have to be a member of a union to be protected. Talking with fellow employees about workplace issues is generally protected because it is acting in concert. Another question is whether he violated a company policy in using email or some other mechanism, such that his process was not protected.

http://en.wikipedia.org/wiki/National_Labor_Relations_Act

But given that the NLRB recently held that Facebook posts can be considered protected speech, maybe he has a case.

http://www.huffingtonpost.com/2011/05/24/facebook-posting-worker-fired_n_866353.html

Caveat: I am not an attorney, but these questions are related to the job I do have.

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