NLRB: Bathroom chat isn't protected activity.


Even in nonunion workplaces, the National Labor Relations Act protects the rights of employees to engage in "concerted activity" that aim to benefit their job-related mutual aid or protection. For example, you can't punish two workers for discussing ways to improve their pay.

But does that protection cover two workers overheard complaining about clients in a bathroom? Apparently not.

Recent case: A Quicken Loans employee used profane language to complain about a client to a co-worker while both were in the company restroom. A supervisor overheard this from a stall and the employee was fired. The supervisor also sent an all-employee email reminding workers...

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