An administrative law judge for the National Labor Relations Board (NLRB) ruled on July 1 that Atlassian illegally fired an engineer, Denise Unterwurzacher, in 2023. The decision, which orders the company to reinstate her to her former job or an equivalent position, and to make her whole financially, marks a significant outcome in years in a case involving the labor rights of a tech worker. The judge found that Unterwurzacher’s internal comments regarding manager layoffs and other policy changes were protected because she made them as part of a collective effort to aid or protect co-workers.
The NLRB Ruling and Legal Basis
Administrative Law Judge Susannah Merritt determined that Atlassian violated the law by terminating Unterwurzacher. The core of the ruling rests on the fact that Unterwurzacher had a federally backed right to make such comments because she made them as part of a collective effort to aid or protect co-workers.
Judge Merritt concluded that Atlassian’s rules of conduct—specifically those requiring employees to behave civilly and avoid ad hominem attacks—were illegal because they could prevent workers from raising legitimate questions about the actions of executives. The ruling noted that other workers had made worse comments than Unterwurzacher’s and had not been fired, suggesting the company’s enforcement was targeted at silencing an outspoken worker.
Atlassian’s Stance and Appeal
Atlassian maintains that the termination was based on repeated violations of company rules rather than an attempt to stifle dissent. In a statement following the decision, the company asserted that its policies are designed to ensure a "safe and respectful" workplace.
The software firm has confirmed plans to appeal the judge’s decision to the labor board in Washington. Because the case is moving through the appeals process, the order for reinstatement and financial compensation remains pending. A company spokeswoman emphasized that Atlassian intends to protect its culture of openness by cracking down on workers who abused its norms and behaved disrespectfully toward one another.
Shifting Dynamics in Tech Labor
The tension between tech management and employees has intensified as the industry has pivoted toward artificial intelligence and undergone waves of layoffs since 2022. Historically, tech workers maintained a collaborative relationship with leadership, often driven by high compensation and perks. However, that dynamic has changed as employees increasingly challenge corporate contracts and internal policy shifts.
This case follows a series of labor disputes within the tech sector:
- Google: In 2020, the labor board brought a complaint against the company regarding the firing of employees involved in protests at the company, a case that eventually reached a settlement.
- Tesla: A 2019 judge’s ruling required the company to reinstate a factory employee who was fired following union organizing activity.
- Amazon: In 2022, another judge ordered the reinstatement of a warehouse worker who had been terminated after a protest over safety conditions.
The Role of Protected Concerted Activity
Legal experts, such as lawyer Laurie Burgess, note that many tech workers remain unaware of their labor rights. Many N.L.R.B. charges are dismissed before the agency issues a complaint, Ms. Burgess said.
For Unterwurzacher, the case was about more than personal employment status. "I pursued this case not just for myself, but also for the rights of those who continue to work at Atlassian, and in the wider tech industry," she stated.