Q. An employee brought to the attention of his supervisor that a co-worker had posted a comment on social media saying that her supervisor is Scrooge, that the supervisor is probably planning to fire a bunch of people right before the holidays, and that everyone should complain about her unfair behavior so that the supervisor is the one who will get fired. The company has a social media policy that prohibits making disparaging comments about it or its employees. Can the company discipline the posting co-worker for these comments?
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The Uniformed Services Employment and Reemployment Rights Act prevents employers from discharging returning service members for anything except “cause” for a year after their return. But what if the service member is working under an employment contract? What if that agreement has a termination clause built in? Does USERRA prevent the employer for exercising that contractual term?
The Texas Supreme Court has ruled that simply complaining to one’s boss about allegedly illegal activity is not whistle-blowing protected by the Texas Whistleblower Act. Employees must inform law enforcement.