By Kyle Iboshi | KGW-TV
Nordstrom has fired a Portland employee after the sales associate apparently posted a controversial statement using his personal Facebook page advocating the killing of police officers.
“What our former employee chose to post from his personal account does not in any way reflect our views as a company,” said Tara Darrow, a Nordstrom corporate affairs spokeswoman. “We do not tolerate violence, violent conversation or threats of any kind.”
Nordstrom sales associate Aaron Hodges has since taken down his Facebook and Twitter accounts, but a screen shot of his comment has been circulating online. In response to recent police shootings, Hodges, who is black, suggested on Facebook:
“Instead of slamming the police, I prefer a Kenny Fort approach. Every time an unarmed black man is killed, you kill a decorated white officer, on his door step in front of his family.”
Comments by David Weissman, Rose Law Group employment attorney:
“The situation with Nordstrom’s employee raises an important issue for employers. Over the past few years, the National Labor Relations Board (NLRB) has very closely scrutinized employers’ actions and/or policies in connection with employees’ social media postings. Section 7 of the National Labor Relations Act (NLRA) protects employees’ right to engage in speech concerning the terms and conditions of their employment for their mutual aid or protection. In other words, under the NLRA employers cannot prohibit employees from discussing with each other issues regarding wages, benefits, working conditions or other terms of employment. According to the NLRB, this protection extends to employees’ off-duty social media postings. As a result, many employers recently have been found to have engaged in unlawful conduct by issuing social media policies that could reasonably be interpreted to limit this type of protected speech, e.g., policies that forbid “inappropriate discussions” on social media.
“That said, the protections under Section 7 of the NLRA almost certainly would not go so far as to allow an employee to advocate for violence against the police, and Nordstrom appears to be well within its legal rights by terminating the employee at issue. Still, in light of the NLRB’s aggressive stances on these issues, employers are best advised to consult with counsel before taking disciplinary action against employees in connection with their social media activities.”
