Date: 07-04-2024

Case Style:

Thomas E. Hennig, Jr. v. Money Metals Exchange, LLC, et al.

Case Number: 50457

Judge: Brody

Court: Idaho Industrial Commission (Ada County)

Plaintiff's Attorney:

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Defendant's Attorney: RaulR. Labrador

Description:

Boise, Idaho employment law lawyer represented the Plaintiff seeking unemployment insurance benefits.

Hennig worked as a weekend shift supervisor for Money Metals Exchange, L.L.C. His job duties included monitoring and correcting time clock punches of his coworkers. About three months into his employment, Hennig explained to a new employee how he handled variances in time away from work during a shift by referencing a situation involving another employee who took longer lunches to take care of her pet. When she learned Hennig had referenced her by name in the conversation, the other employee took offense to Hennig's disclosure and complained to management.

Three days later, on August 12, 2022, Daniel Novak, Money Metals' vault and fulfillment manager, met with Hennig to discuss this matter. Novak testified that he "re-briefed" Hennig on Money Metals' "communication policy and how to professionally conduct [himself] in the workplace, which is to keep in mind a professional workplace, communicating with . . . professionalism with employees and the people around them." This policy states, in relevant part:

All in person conversations, phone conversations, emails, and chat instances should be handled with courtesy and professionalism. Even with the laxx [sic] environment in the fulfillment department, remember that you are at work and it should always be a professional environment. Be aware of your tone of voice, especially in written communication.

Novak further testified that he told Hennig that his "was a supervisor role, so he was an extension of management" and "he needed to hold himself to a high standard." However, this discussion was not documented in writing and Hennig was not issued a verbal warning or reprimand for this incident.

Following this meeting, Money Metals' management decided to monitor Hennig's electronic communications with employees "to ensure that [Hennig] was being professional and implementing the coaching that was given to him ...." Two days later, on August 14, 2022, Hennig and a coworker were in the breakroom eating pizza. Hennig later noticed the coworker had not clocked out for lunch and initiated a conversation with him on the company's instant message system. The following exchange occurred:

[Hennig:] I saw you take an extra slice of pizza, but did you take a lunch [sic] to eat it?

[Coworker:] Not yet, I ate while I worked but I will still go take a break in a sec I just wanted to finish some stuff first

3

[Hennig:]: No worries, just making sure

[Coworker:] Thanks

[Hennig]! [Hennig:] I'm paid to be a good little Nazi, so I want to try to be the best little Nazi I can

I probably shouldn't have put that into writing. . . On a work chat Oh well, they're the ones paying me

[coworker]: Lmao probably not but oh well

According to Money Metals, this incident was the "last straw" that caused Hennig's discharge. Money Metals deemed Hennig's communication "an unprofessional use of [its] electronic communication system in violation of [company] policy." Money Metals discharged Hennig the following day, on August 15, 2022.

Outcome: The decision of the Commission was reversed and remanded.

Plaintiff's Experts:

Defendant's Experts:

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