It all began with some text messages between two employees, Marianna Cole-Rivera and Lydia Cruz-Moore. Cruz-Moore apparently felt that certain employees weren’t doing enough to help their domestic-abuse clients, and this finally rubbed Cole-Rivera the wrong way.
She took it to Facebook, posting:
Lydia Cruz, a coworker feels that we don’t help our clients enough at [Hispanics United]. I about had it! My fellow coworkers how do u feel?
Four employees posted follow-up messages that they disagreed with Cruz-Moore’s assertions.
Cruz-Moore also posted, telling Cole-Rivera to “stop with ur lies about me.”
She then complained to management, and Hispanics United discharged Cole-Rivera and her four coworkers claiming their remarks constituted “bullying and harassment” in violation of a “zero tolerance” policy.
An administrative law judge initially determined the terminations were invalid, and the NLRB upheld the decision, noting:
- The employees’ activity was “concerted”.
- The employer knew of the concerted nature of the employee’s activity.
- The concerted activity was protected by the National Labor Relations Act.
- The discharges were motivated by the employees’ protected, concerted activity.
Meanwhile, Google+ is gaining ground against Facebook. Maybe the NLRB and the Supreme Court will be dropping terms like “plussing” and “hangouts”.
Submitted by Chaunce Stanton