Jimmy John's Workers Lawfully Terminated for Disloyalty

There has been a new ruling in the case of the Minneapolis‐area Jimmy John's workers who tried to unionize, failed, and then were fired after they engaged in a campaign that heavily implied that sandwiches bought from Jimmy John's could be infected with disease. Franchise owner MikLin argued that this campaign was so disloyal as to lose the protection of federal labor law. The National Labor Relations Board and a three‐judge panel from the 8th Circuit Appeals Court disagreed, finding that the posters and message about contaminated food were permissible. The employer continued to appeal and now has been vindicated by a new ruling from the 8th Circuit en banc that agrees with the franchise owner that the firings for disloyalty were lawful.