In this two-part video podcast episode, we explore both love and hate in the workplace, just in time for Valentine’s Day. Specifically, we address both employers’ use of love contracts (in animation, no less) and also employers’ ability to discipline employees for profanity-laden outbursts in the workplace under the National Labor Relations Act.

The Ninth Circuit recently took the National Labor Relations Board to task in Plaza Auto Center v. NLRB, Case Nos. 10-72728 et al., (9th Cir., December 19, 2011) for applying inconsistent standards to regulate employees’ protected, concerted activity in situations where an employee curses out management at the same time he or she expresses work-related grievances. In this episode, Harry covers the basic facts of the case (don’t watch this one with the children), the Board’s ostensible legal test for these kinds of employee outbursts, and how the Board has not applied a consistent standard here. And, of course, he offers some takeaways for California employers faced with this kind of employee confrontation and the question of appropriate discipline, downloadable as a PDF.

Regarding love, it can be a beautiful thing in the workplace. Until it’s not. Some employers have tried to shield themselves from legal claims involving co-worker romance (and failed romance) by using a “love contract” – an agreement memorializing the voluntary nature of an office romance and setting forth “rules of conduct” for the involved employees. This tongue-in-cheek “After Hours: Casual Friday” episode covers the ups and downs of the love contract. The viewer can be the judge as to whether any contract can make sense when it comes to the topsy-turvy thing we call love. For humor purposes only…