Hispanics United of Buffalo, Inc. (HUB) is a not-for-profit corporation which renders social services to its economically disadvantaged clients in Buffalo, New York. Its services include housing, advocacy for domestic violence victims, translation and interpretation services, a food pantry, senior and youth services and employment assistance. HUB hired Lydia Cruz-Moore in May 2010 as a domestic violence (DV) advocate pursuant to a one-year grant from Erie County. Her job was primarily to accompany victims of domestic violence to hearings at the City of Buffalo's Family Justice Center. One day each week Cruz-Moore worked at HUB's offices. Cruz-Moore often criticized other employee’s performance. On Saturday, October 9, 2010 at 10:14 a.m., Mariana Cole-Rivera posted the following message on her Facebook page from her home: Lydia Cruz, a coworker feels that we don’t help our clients enough at HUB. I about had it! My fellow coworkers how do u feel? Then other 4 fellow coworkers made several comments replying to this post, complaining about their positions and programs, implying that Cruz-Moore knew little about their conditions. Finally, they inserted some sarcasm in the messages. Cruz-Moore saw all the messages and then she reported this to the Executive Director Lourdes Iglesias. Iglesias met with each of these five workers and fired them very quickly. The reason was that the posts constituted bullying and harassment and violated HUB's policy on harassment. Iglesias also claimed that Cruz-Moore suffered heart attack from their harassment and HUB had to pay for the compensation.
Legal Consideration: National Labor Relation Act
Section 7: Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other...