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When you discover that you employ a seditious rebel #TraitorsGettingFired

By Jon Hyman on January 8, 2021
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Imagine you discover that Elizabeth from Knoxville is one of your employees.

Elizabeth wasn’t ready for the revolution to be televised😂 pic.twitter.com/LibeNAuE6h

— xy467chr (@xy467chr) January 6, 2021

Or what about Jake Angeli (the self-proclaimed QAnon shamen)?

Why is Jake Angeli walking free? If he can be named in this article, and he was part of the insurrectionist movement yesterday, he committed a crime by invading the Capitol and he should be arrested. https://t.co/5hUbek57nc

— Dr. HawaiiDelilah™ (@HawaiiDelilah) January 7, 2021

Or Paul Davis?

This is Paul Davis. Paul is a lawyer. He’s also associate general counsel & director of human resources at Goosehead Insurance. Today he stormed the capitol building in an attempt to stage a coup against the US government and documented it (!) on Instagram. @followgoosehead pic.twitter.com/eTkoK92ujL

— Roger Sollenberger (@SollenbergerRC) January 7, 2021

Or this guy, who actually wore his work badge to the protest?

NEW: A Maryland company has terminated one of its employees after he was apparently captured in a picture during the mob riot in the Capitol yesterday. @wbaltv11 pic.twitter.com/flxRhdmP3P

— Tre Ward (@TreWardWBAL) January 7, 2021

Or any of the others amid the hoard of seditious rebels who stormed the Capitol on Wednesday in an act of open rebellion against the United States and its government?

Question: Should these people be fired from their jobs?

Answer: Absolutely!

“But Jon,” you ask, “a couple of years ago you told us that the National Labor Relations Act protects individuals’ political advocacy during their own time in non-work areas? What gives?”

What gives is that you missed the key first part of this standard—the political advocacy must be non-disruptive. There was absolutely nothing “non-disruptive” about what happened in Washington D.C. earlier this week. It was the very definition of disruptive. It was a violent siege on the seat of our government in an attempt to halt the peaceful transfer of power and overturn our democracy. The violent and disruptive nature of the rebellion removes all hope anyone could hold for any employment protections.

Elizabeth, Jack Angeli, and Paul Davis, and everyone else involved absolutely have the constitutional right to hold whatever opinion they want to hold. And they even have the constitutional right to peacefully express those opinions, no matter how vehemently one might disagree with their conspiracy-fueled point of view. Those rights are what make America great. They also, however, stop at an employer’s door. And I, as a private employer, have the right to hold my employees accountable for their viewpoints and terminate when I, in good faith, determine that those viewpoints cross the line into violence or threats of violence and constitute criminal behavior.

More deeply, NLRA or no NLRA, free speech or no free speech, if one participates in violent sedition, I would dare the individual to sue after being fired. Do not pass go, do not collect severance, just bring it on. Because what kind of employer am I if I ignore an employee’s role in what just happened in Washington D.C.? 

One more thing. Tell these people exactly why you’re firing them. As so expertly stated by my friend Kate Bischoff:

But do me a favor please, make sure you … tell them exactly why you’re taking this action. Be honest. They need to understand WHY they are being held accountable or no one learns from this.

Silence in the wake of hate at best condones the hate, and at worst participates in it. If it’s my business, I choose not to stay silent.

     

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  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Jon Hyman
  • Article: View Original Source

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