Judge Orders Software Company to Reinstate Engineer Fired After Internal Comments

An administrative law judge for the National Labor Relations Board ruled on July 1 that a software company illegally fired an engineer in 2023 after she raised concerns about manager layoffs and other policy changes. The judge found the engineer's comments were protected because they were made as part of a collective effort to aid or protect co-workers.

The ruling ordered the company to reinstate the engineer to her former job or an equivalent position and to provide financial compensation.

The engineer had posted comments on an internal messaging platform beginning in 2019, including a 2023 post that referenced a company founder's partial ownership of a basketball team. The company terminated her in June 2023, citing violations of conduct rules requiring civil behavior.

The company stated it had disciplined other workers for similar violations and argued its rules protect a respectful workplace. It said it plans to appeal the decision to the labor board in Washington.

The judge concluded the company's conduct rules were illegal because they could prevent workers from raising questions about executive actions. Other employees had made more critical comments without being fired, according to the ruling. The engineer filed a charge with the labor board after her termination.

The agency investigated, found merit in the accusation, and brought a case against the company. Similar cases at other technology companies have resulted in complaints or reinstatement orders, though many continue through appeals or settlements.