Can you get fired for calling your CEO a ‘rich jerk’? This company says yes In a recent hearing, the National Labor Relations Board argued that software company Atlassian illegally fired an employee for criticizing the CEO.




Picture this: Your company announces a major restructuring that will cut jobs and demote employees. Leadership downplays the fallout in an all-hands meeting. The CEO — joining from the headquarters of the NBA team he co-owns — angrily shuts down anyone who pushes back. And afterward, you vent about it in an internal Slack channel.

Then you get fired.

That's exactly what happened to Denise Unterwurzacher, a software engineer at Atlassian. And now, her case is sitting in front of federal labor regulators — and the outcome could affect workers everywhere.

What Actually Happened

In 2023, Atlassian rolled out what it called a "re-leveling" plan — a restructuring that would cut headcount and demote a number of employees. During an "ask me anything" session with leadership, executives suggested the impact would be minimal. Employees disagreed, and when they said so, CEO Mike Cannon-Brookes reportedly interjected angrily to silence the complaints.

The kicker? He was dialing in from the headquarters of an NBA team he co-owns.

Employees took to an internal Slack channel — cheekily named "Outrage Notification" — to vent. Unterwurzacher joined in with a pointed quip about the CEO joining from his NBA headquarters to "yell at the people whose careers I've just pummeled."

She was fired shortly after. Atlassian's stated reason: she had engaged in "acrimonious communications and ad hominem attacks against teammates and colleagues."

The Legal Question at the Heart of It

The National Labor Relations Board — the federal agency that enforces U.S. labor law — argued at a hearing this month that Atlassian had fired Unterwurzacher illegally. NLRB attorney Colton Puckett contended that her comments were protected speech: employees have the right to protest their working conditions, and they're allowed to do so "in ways their bosses might not like."

There's also a delicious irony layered into the NLRB's case. Atlassian publicly champions an "Open Company, No Bullshit" philosophy as one of its core values — even touting it on their website. Cannon-Brookes himself has said in interviews that the company calls "a spade a spade" and wants everyone inside the business to do the same.

The NLRB's argument, in part, is that Unterwurzacher was simply doing what Atlassian always said it valued.

Atlassian's legal team fired back, arguing that protected speech has limits — that employees must remain "professional and respectful," and that Unterwurzacher's comments crossed a line into personal insult. "Just because it was a CEO doesn't excuse the conduct," said Atlassian attorney Troy Valdez.

Unterwurzacher herself disputes that framing entirely. "My goal has always been to support my coworkers and to encourage leadership to approach these changes with greater understanding and empathy," she told Bloomberg.

Why This Case Matters Beyond One Slack Message

On the surface, this is a story about one employee, one snarky comment, and one termination. But zoom out, and it's about something much larger.

Workers have been losing ground steadily since the post-pandemic labor market cooled off. Layoffs are mounting across corporate America, with AI increasingly used as a justification. And companies that once marketed themselves on radical transparency and flat hierarchies seem to be tightening their grip on dissent.

Atlassian itself just announced plans to cut 10% of its workforce — roughly 1,600 employees — this month alone.

The case also lands at a complicated moment for the NLRB. The agency was effectively paralyzed earlier in 2025 after President Trump removed a board member, eliminating its quorum. It's now operating with a Republican majority following new confirmations, and is broadly expected to roll back some of the pro-worker stances taken under the Biden administration.

That makes the NLRB's willingness to take on Atlassian here somewhat surprising — and, for workers, maybe a little encouraging.

The Bottom Line

If this case gets resolved in Unterwurzacher's favor, it would affirm something workers have long suspected but rarely seen enforced: that venting about a CEO's tone-deaf leadership isn't automatically a fireable offense — especially when the company spent years telling everyone that straight talk was a core value.

The ruling could be appealed all the way to federal court, and the NLRB can't force Atlassian to pay punitive damages regardless. So this isn't a slam dunk for anyone.

But in an era when workers feel increasingly powerless to speak up without risking their jobs, even a small pushback from a federal agency sends a message. Sometimes, calling a spade a spade is exactly what the law allows.


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