NLRB v. Holiday Cheer

By Beth Ann Lennon

Tis the season – just don’t ask your employees to be cheerful about it.  As we go into the holiday season employers should proceed with caution in instructing employees to be cheerful.  A former Trader Joe’s employee who was terminated when he refused to smile and greet customers has filed a charge with the National Labor Relations Board claiming it was unlawful for the store to instruct their employees to “smile” or “have a positive attitude.” Unfortunately, based on recent cases, there’s little reason to believe the Board won’t agree.  The takeaway – although your customers might expect some cheer with their purchases this holiday season, instructing your employees to maintain that holiday spirit might just get you in trouble with the Board.