Judge rules in favor of employee who publicly cursed his boss because he used one ‘magic’ phrase

OK, let’s be honest… has there ever been a time you wanted to call your boss a “nasty mother f***er?”

If so, rest assured that a federal appeals court would back you up after your inevitable firing… which is just what happened last week when a court rule that a New York City restaurant did not have the right to fire a worker for doing exactly that, according to the Daily Mail.

Hernan Perez was fired from Pier Sixty in 2011 after going off on his boss on Facebook.

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“Bob is such a NASTY MOTHER F***er don’t know how to talk to people!!!!!! F*** his mother and his entire f***ing family!!!! What a LOSER!!!! Vote YES for the UNION!!!!!!!” Perez wrote.

The message was directed at Robert McSweeney and was posted while Perez was on break, following an “unpleasant altercation,” The Mail reported.

So how did Perez pull it off?

By including the caption about voting for the union, the court ruled his comment is protected by the National Labor Relations Act as union-related speech because of an impending vote to unionize.

Turns out, employees at the restaurant would vote to join the union two days after the Facebook post.

But it gets worse — or better, given your point of view — the Second Circuit Court said Perez’s termination was an unfair labor practice and that he could pursue legal action against his former employer.

So not only did he get to curse his boss out, he may end up getting paid for doing so!

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What do you think, is this justice? Or is it another example of how extreme pro-union labor relations laws are in America?


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Tom Tillison


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