When an engineer at a software company criticized management, including its co-founder, in multiple posts on internal employee messaging platforms, the business fired her. But an administrative law judge at the National Labor Relations Board (NLRB) recently ordered the company to reinstate her, finding that her negative statements towards management were protected concerted activity. The July 1 case presents a cautionary tale for tech employers that want to respond to disparaging or sarcastic remarks made by employees about company officials: if the statement relates to workplace conditions, it’s likely protected by federal labor law, even if you aren’t unionized. Here’s everything you need to know about the decision and what it could mean for your tech business.
Case Background
Denise Unterwurzacher worked at Delaware-based software company Atlassian for about 11 years. Between 2019 and 2023, she repeatedly posted on Atlassian’s internal messaging and collaboration platforms criticizing management decisions affecting employees.
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