Can employees be fired for organizing a protest at work that violates workplace rules if the protest isn’t actually about work? According to a recently released Advice Memorandum from the National Labor Relations Board (“NLRB”), the answer may be yes. The NLRB’s Division of Advice concluded that Microsoft lawfully discharged two employees who organized a protest concerning the war in Gaza at the company’s Redmond, Washington headquarters—because the protest’s connection to workplace concerns was too tenuous to warrant protection under the National Labor Relations Act (the “Act”). Microsoft Corporation, Case 19-CA-364190, Advice Memorandum (July 10, 2026).
The Case
In May 2024, Microsoft employees launched a petition demanding, among other things, that the company sever its Azure contracts with the Israeli government. Months later, two employees organized an on-campus demonstration that included a walkout, vigil, speaker series, and fundraiser. While the event invitation indirectly… Read the complete article here...
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