Employee’s Profanity Toward Manager was Protected Activity

On May 28th, the National Labor Relations Board considered the case of an auto dealership employee who was terminated for calling his manager an “asshole” and a “f—ing crook.”  The Board concluded that the employee was improperly terminated because the conduct occurred while the employee was complaining about the company’s compensation policies and failure to provide rest breaks, and that the manager provoked the employee’s outburst by stating that the employee could quit if he didn’t like the company’s policies.   The Board ruled that the employee was terminated for engaging in protected activity under the National Labor Relations Act, and ordered the company to reinstate the employee to his former position and pay his back wages.    Plaza Auto Center, Inc. and Nick Aguirre, Case 28– CA–022256.