Is Badmouthing the Employer Okay?

Blog

In this age of “at will” employment we’ve come to understand that an employee could be properly discharged for any reason, or no reason at all, provided that the true reason for termination is not illegal or against public policy. So, in most cases, an employer wouldn’t think twice about terminating a disloyal employee who publicly disparaged and maligned its products or services.

And in most cases, the employer would be entitled to do so without liability.

That is, unless you are a union employer in the middle of a labor dispute. In such cases, terminating an employee for badmouthing the company could violate the National Labor Relations Act. That’s because publicly attacking the quality of an employer’s products or services can be protected speech so long as it is clear that the comments are being made as part of a labor dispute and the comments aren’t extremely disloyal or maliciously false.

So, while there is generally no obligation to retain an employee who intentionally undermines the integrity of the employer, caution should be exercised in a union shop and where a labor dispute is underway.

Testimonials

" I referred a business owner to Andre and she gave him rave reviews! I appreciate having a go-to person I can refer clients to to handle increasingly complex and difficult issues. "

- M.D., Wisconsin business lawyer

" You get the work done … we know you will give it the proper attention. You tell us what we need to hear and attack the elephant in the room, whatever it is. "

- C.S., Vice President, national franchise company

" Townsel Law Firm not only secured a favorable outcome when my company was wrongfully sued by a former employee, but they took the stress out of the litigation process and successfully fought for reimbursement of attorney fees and court costs. I give Andre and his team my highest recommendation! "

- J.D., CEO Executive Search Firm