Tuesday, March 27, 2012

UPDATE: Orange Employees Strike Back

Remember last week's Case of the Week about the employees fired for wearing orange? I noted that their statements about wearing orange for happy hour ran counter to an NLRA argument that they were engaging in protected concerted activity; and maybe a lawyer could turn this non-case Case of the Week into a case.

Well, some of them contacted a lawyer... and not just any lawyer but Donna Ballman of Screw You Guys, I'm Going Home fame (and a contributor to last week's Saved by the Bell Employment Law Blog Carnival on Lawffice Space)! Now, ABCnews reports:
Ballman said some workers may have been wearing orange to mimic the uniform color often used by the Florida Department of Corrections. Those workers may have been protesting new work rules imposed by a new manager earlier this month. She said, for example, that they could not speak to coworkers over the walls of their cubicles, even to discuss work-related matters.
Now it's starting to sound like an NLRA claim! Will it be a case after all? Ballman notes that "If [the employer] won't discuss this, we are going to pursue our legal remedies."