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Barstool Sports Bloggers Arrested for Protesting Brady Suspension: Can Employees Be Forced to Participate in Illegal Activity?


Last week, four bloggers from Barstool Sports were arrested at N.F.L. headquarters in New York for staging a sit in as a response to the N.F.L.'s suspension and fines associated with "Deflategate".  The owner of the company, David Portnoy, brought along three employees and engaged in a protest in front of the building, then later handcuffed themselves inside the lobby of the building and chanted pro-Tom Brady and anti-NFL messages.  Unsurprisingly, and as they had predicted before going to protest at N.F.L. headquarters, the NYPD arrested all four and held them overnight before going before a judge the next morning.  

While all four maintained that they protested and were arrested without being forced to participate, this begs the question:  What does an employee do when their employer forces them to engage in illegal activity?  

In this case, the employees who joined Portnoy had to know that once they handcuffed themselves in the N.F.L. lobby and refused to leave, they would be arrested for trespass.  While none of the employees appeared to have been forced to join, they had to know that they would engage in illegal activity at the direction of their boss.  Had one of them refused to participate, it is possible that they could have been subjected to discipline or termination by Portnoy.  If that had happened, one of these Barstool employees could have a claim for wrongful termination.  Note, an employer cannot force an employee to engage in illegal activity.  An employee who refuses to engage in illegal activity and then is subsequently terminated for failing to participate has grounds to sue their employer for an unlawful termination.

While this story might be humorous and an example of taking things a little too far (I doubt four guys handcuffed and sitting in the N.F.L. lobby is going to reverse a suspension and fine...but that's just me), it is a good reminder for employers and employees alike:  Directing employees to undertake certain actions or perform specific job related tasks is likely ok.  However, when an employee is instructed to participate in an illegal activity and refuses, employers should be very careful about taking adverse employment actions against that employee. 


Coverage from Barstool Sports:  http://www.barstoolsports.com/chicago/justice/


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