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ARTICLE · 11 MAY 2017

Restaurant Wrong To Fire Workers Over Email Criticizing The Restaurant And Its Managers

Seyfarth Shaw LLP
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Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker's email that complained about their terms and conditions of employment.

United StatesEmployment and HR
Karla Sanchez
Karla Sanchez
Craig Simonsen
Craig Simonsen
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Seyfarth Synopsis: Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker's email that complained about their terms and conditions of employment.

Recently, a National Labor Relations Board Administrative Law Judge ruled that a restaurant unlawfully reprimanded and discharged several employees in violation of Section 8(a)(1) of the National Labor Relations Act.  Mexican Radio Corp., Case No. 02-CA-168989 (April 26, 2017).

A series of disagreements between a new manager and several of the restaurant's employees led to several employees reaching out to management to complain about the new manager and to one employee quitting her employment. After resigning, the employee sent management and several of her former coworkers a lengthy email that management described as "hurtful and mean spirited."  The email went through the reasons why she had worked at the restaurant, why she had loved working with her coworkers,

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