ID Supreme Court sends back ‘Nazi’ joke decision based on selective policy enforcement

Recently, the Idaho Supreme Court remanded (sent back) a decision from the Idaho Industrial Commission because the commission had failed to give proper weight to the employee’s argument that the employer had selectively enforced its own policies. The case emanates from a controversial message the employee made on the company’s instant messaging system, referring to himself as his employer’s “good little Nazi.” He claimed the message was intended as a joke about his strict enforcement of the company’s time clock rules.

Marching orders

Thomas Hennig operated as a weekend shift supervisor for Money Metals Exchange, L.L.C. His duties involved monitoring and correcting time clock entries for his coworkers. Months into his employment, he informed a new employee how he handled time variances during shifts by referencing another employee who took longer lunches to take care of her pet. This employee, upon learning she was mentioned by name, took offense to Hennig’s disclosure and complained to management.