Your boss comes to your office. He has just seen a YouTube video.
A single person appears in the video. Although he appears in the shadows in an effort to hide his identity, the boss clearly recognizes who it is.
The person names the company and makes disparaging remarks about the boss and the company. He also complains of unsafe conditions – some of which you know or strongly suspect are true.
The person recently received an unfavorable performance evaluation. The boss wants to fire the employee immediately. You attended an HR conference and learned that the NLRB has spoken on this subject.
1. What has NLRB said on the subject? What does specific state law say on the issue?
2. Is the Dawnmarie Souza’s case relevant to this set of facts? If so in what way?
3. Based on the NLRB and Dawnmarie case, can your boss fire the employee and if so on what grounds and why or why not?
4. Pick a specific state and is its relevant law applicable?