If you don’t have anything nice to say…

March 10, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Lately, have you felt feverish, light-headed, even giddy? Well then you must have Oscar fever. The stars! The gowns! The teeth! My god, those blinding white teeth! For you, March 2, 2014, was a night of luxury, glamour, and take-out noodles because NO WAY you were cooking for the family and risk missing J-Law stumble over something walking down the red carpet. Adorbs!

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Offensive personal foul

November 06, 2013 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Suspended Miami Dolphins offensive lineman and last-guy-to-realize-people-save-voice-mails-and-texts Richie Incognito is 6’3″ and weighs 319 pounds. He is (was) a member of the Dolphins’ players leadership council, and he was a 2012 Pro Bowler. Incognito, however, may finally be facing an insurmountable opponent: the corporate employment lawyer. The Dolphins put Incognito on indefinite suspension after reportedly hearing a voice mail he left for teammate Jonathan Martin in April 2013. According to reports, the voice mail said:

“Hey, wassup, you half n—– piece of s—. I saw you on Twitter, you been training 10 weeks. [I want to] s— in your f—ing mouth. [I'm going to] slap your f—ing mouth. [I'm going to] slap your real mother across the face [laughter]. F— you, you’re still a rookie. I’ll kill you.”

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A horse with no claim

October 04, 2013 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Some colorful (ahem) corners of the Internet were abuzz this week after a report surfaced that an anonymous adult male fan of the cartoon show My Little Pony: Friendship is Magic was fired from his job after admitting his fandom to his coworkers. The firing of this “brony” (and let’s just assume for the sake of this post the story is true) prompted questions about the limits of employee workplace protections. Did this man’s termination violate his right to free expression?  Answered simply, no. This episode is a useful reminder of the limits of constitutional protections in the private-sector workplace and the viability of at-will employment.  

The First Amendment guarantees that our rights to freedom of speech and expression are shielded from state action. Private sector employers, however, are not state actors. A 2007 federal district court decision unambiguously held that “the protections guaranteed by the First Amendment of the U.S. Constitution don’t extend to private-sector employees.” Simple, right? Well, maybe not always. Employers should be aware that some states have their own laws or provisions in their state constitutions that transpose First Amendment-like protections into private workplaces.

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