I get that emotions run high at sporting events, I really do. Even at a baseball game, admittedly the most boring of the major sports. And tensions are definitely going to be high in the stands of a playoff game… But none of that gives you permission to go all racist.
That’s a lesson attorney Shannon Kobylarczyk is learning the hard way. Kobylarczyk *was* the associate general counsel at ManpowerGroup, a staffing agency. But that changed after she attended Game 2 of the National League Championship Series. Kobylarczyk, a Brewers fan bedecked in all the gear, was upset when the Dodgers took a 3-1 lead and took that anger out on a Dodgers fan in the stadium.
In a now viral video, Shannon Kobylarczyk is seen telling a cheering Dodgers fan, Ricardo Fosado, “You know what, let’s call ICE.” Fosado absolutely kept his cool retorting, “Call ICE, call ICE. I’m a U.S. citizen, war veteran, baby girl.” After which it appears Kobylarczyk took a swing at the camera.
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Not a great look for Kobylarczyk — or the brand she represents. And Manpower reacted quickly, according to a spokesperson, “As soon as we became aware of this video, the individual was placed on immediate leave, and we began an investigation. As a result of this process, the employee is no longer with the organization.” That’s not the only brand that no longer wants to be associated with Kobylarczyk. She was on the board of the Make-A-Wish Wisconsin foundation, but no more: “Shannon resigned from our board of directors this afternoon effective immediately.”
To add salt in the wound of the Brewers superfan, she’s banned from American Family Field. As the team noted, “The Brewers expect all persons attending games to be respectful of each other, and we do not condone in any way offensive statements fans make to each other about race, gender, or national origin. Our priority is to ensure that all in attendance have a safe and enjoyable experience at the ballpark.” Fosado was also banned from Brewers games for public intoxication and disorderly conduct for behavior separate from what was in the viral clip.
As noted by Adam Maldonado, a partner at Hirschfeld Kraemer, this incident is a classic example of when off-duty behavior leads to a termination, “This incident involves a general counsel, and from our perspective, one of the main reasons why an employer will seek to terminate or discipline an employee for off-duty behavior is in a situation where that behavior is having a negative impact on the company’s brand or reputation or client relationship or trust.”
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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].