What striking workers say on the picket line is largely protected speech, even if it’s offensive.
Recent case: During a strike against Verizon Communications, picketing workers brought dogs to walk the line. Tammy brought her Bassett hound and her co-worker brought a pit bull. When a supervisor left the building, the pit bull approached her and licked her leg. Tammy then said, “Have a piece of Puerto Rican meat,” apparently referring to the supervisor’s national origins.
Tammy was fired. When she was ruled ineligible for unemployment benefits, she appealed.
The court said she should get benefits even though her comment was offensive. What’s said on the picket line is protected speech under federal law, not willful misconduct under Pennsylvania law. (Arndt v. UCBR, No. 702 C.D. 2012, Commonwealth Court, 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- U.S. Supreme Court: 4 key employment cases could reshape HR
- No state do-over after worker loses in federal court
- Don't automatically fire after FMLA, STD leave expire
- Ask attorney for help to make sure employment contract contains proper language