Judge says it’s ok to call your boss a ‘nasty mother f*****’ after waiter wins landmark ruling… as long as you do this…
Employee posted ‘F*** his mother and his entire f***** family!!!! What a LOSER!!!!’
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A WORKER at a court ruling that said he had a legal right to drop an F-bomb on his supervisor in an angry Facebook rant – because he was in the middle of a union dispute.
Hernan Perez had filed a complaint with the US National Labour Relations Board claiming he’d been wrongly fired in 2011 from his New York employer for the social-media post.
Getty Images – WireImage 2 Hernan Perez was sacked from his job at Pier Sixty which hosts a variety of events after he wrote a critical Facebook post (general view)
He wrote the missive on October 27 of that year, after a hard day’s work in which he furiously butted heads with his boss, Robert “Bob” McSweeney, according to court records.
Perez wrote on Facebook: “Bob is such a NASTY MOTHER F***** don’t know how to talk to people!!!!!!”
“F*** his mother and his entire f***** family!!!! What a LOSER!!!! Vote YES for the UNION!!!!!!!”
Pier Sixty, the hospital venue where he worked, caught wind of the post and fired Perez less than two weeks later.
He had tried calming the waters by deleting the post altogether, to no avail.
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At the time, Perez and his co-workers were neck-deep in a unionisation campaign, so he claimed in court that his Facebook rant had been specifically aimed at them in a bid to form a union.
After an administrative law judge upheld Perez’s NLRB complaint, Pier Sixty appealed the ruling to the federal Second Circuit Court of Appeals.
On Friday, it upheld the lower court’s ruling.
Getty Images 2 Perez is said to have worked at the top class venue for 13 years (general view)
The Second Circuit Court said the comments involved union activity protected by the National Labour Relations Act, which covers all union-related speech that is not deemed too “opprobrious,” or scornful.
“Perez’s conduct sits at the outer‐bounds of protected, union‐related comments,” the court wrote in its ruling.
While describing the reasoning behind their decision, the judges also cited employee testimony outlining the numerous expletives and racial slurs that Pier Sixty managers shouted at workers and tolerated on a daily basis.