Partner Don Schroeder was quoted in a Law360
article, “4 Boxes To Check Before Firing an Offensive Employee
,” covering the Second Circuit’s ruling that it was wrong for catering company Pier Sixty LLC to fire a server who had posted a profane rant about his boss and the boss’ family on Facebook.
Schroeder explained, “[A] cardinal rule of the union election time period is the laboratory conditions in and around an election, and the scrutiny that is attached to anybody subjected to disciplinary action.”
He also notes that because of the complexities of union protections, “this case was a special circumstance as even the Second Circuit said it was a ‘close call.’”