Jensen v. National Labor Relations Board

**Jensen v. National Labor Relations Board (2004)** This case involved an employee named Jensen who worked at Mountain Shadows Golf Resort. Jensen created and distributed flyers that criticized his employer, American Golf Corporations. When the company found out about the flyers, they suspended and then fired Jensen. Jensen believed this was illegal retaliation and filed a complaint with the National Labor Relations Board (NLRB), claiming his employer violated his rights as a worker. The NLRB dismissed Jensen's complaint, and when he appealed to the federal court, the Ninth Circuit Court of Appeals sided with the NLRB and the employer. The court ruled that Jensen's flyers were not protected union activity under federal labor law. Because the flyers were simply disparaging comments about the company rather than legitimate union organizing or workplace advocacy, the employer had the right to discipline Jensen for distributing them. **What this means for workers:** Not all criticism of your employer is legally protected. While workers have rights to organize and discuss workplace conditions, creating and spreading materials that simply attack or disparage your employer may not be protected activity. Workers should understand the difference between legitimate union organizing and unprotected criticism when engaging in workplace advocacy.