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Local woman’s soon-to-be ex-employer denies it’s in any way unpatriotic.


FORTY FORT – Jane Rutkoski never considered herself a rebel, but when her employer told her she had to take down the patriotic decorations in her office, she said she had to take a stand.

The daughter of a World War II veteran, Rutkoski takes pride in her American heritage, and she showed it through a variety of photos, posters and crafts that hang on the walls in the LabCorp of America office off Welles Street.

Her clients loved the decorations, many of which they donated, and so did her former supervisors, she said. But when a management shake-up occurred in February, Rutkoski was told the decorations did not fit the corporate profile of what LabCorp’ offices should look like.

The decorations had to go by March 31, she was told, or she would face disciplinary action and possibly be fired.

Two weeks later, the decorations are still up and Rutkoski is still at work, but not for long. Unable to accept the ultimatum, she submitted her resignation effective April 28.

“I told them I refuse to work for a company that does not want to honor the United States,” Rutkoski said Friday. “They have no problem using ‘America’ in their corporate title, but obviously they don’t have respect for America.”

Contacted Friday afternoon, Pam Sherry, a spokeswoman for LabCorp’s corporate office in North Carolina, said she did not have details regarding the company’s concerns about Rutkoski’s decorations. She stressed the company is not anti-American, noting the corporation offers benefits for active-duty military employees that go beyond what’s offered by most employers.

“I can assure you as a company we stand behind our military and our military employees,” Sherry said.

Rutkoski, who is in her 40s, said she has been collecting American memorabilia since she was a child. Her father served in the European Theater during World War II, and every generation in her family has had some member in the military.

“I was brought up to respect our country and the price that was paid for it.”

Every room in her Thomas Street home in Edwardsville is also decked out in an “America” motif ranging from bedspreads to carpets to wall coverings and lamps.

LabCorp provides clinical services for the medical profession. Rutkoski is a phlebotomist who draws blood for various types of testing. She has worked at the office, which is staffed only by her, for about two years.

Rutkoski said she could understand the company’s objections if the decorations were gaudy or if they caused an obstruction, but that’s not the case.

Among the items are several photos of American flags, a copy of the Declaration of Independence and a poster of a teddy bear holding a flag with the saying “Hip Hip Hooray for the U.S. of A.”

None of the items contain political messages and only a few have a religious reference with “God Bless America.” Other than a few flower baskets with American flags sticking out, all of the decorations hang from walls.

Rutkoski said she’s also perplexed that the company only recently objected to the decorations, which have been up for two years.

“I was told it was not in coordination with the color scheme and how they want their service centers to look. They want all the service centers to look alike.”

She’s not sure whether publicity regarding the policy will cause LabCorp officials to change their mind. At this point she says she doesn’t care.

She hasn’t found another job yet, but isn’t worried. She has a four-year nursing degree – a field with many job opportunities. She’s just happy employment concerns didn’t force her to compromise her principles.

“You never know when you are going to be called upon to defend your country. If this is the way I’m called upon, I’m willing to do it.”

Patriotic décor little protected
Local woman told to remove decorations has no solid recourse, experts say.


EDWARDSVILLE - A woman who refused to remove patriotic decorations from her office may not like her employer’s directive, but there’s nothing she could do to challenge the order legally, several attorneys said Tuesday.

A person’s right to free speech is protected by the First Amendment of the U.S. Constitution, but that right is pretty much forfeited once an employee is within the confines of a private employer, said Mary Catherine Roper, an attorney with the American Civil Liberties Union in Philadelphia.

“Unfortunately private employers do get to dictate how their workplace looks and a lot of what people get to say and do in that environment,” Roper said. “People know they have freedom of speech, but they don’t realize, it really is limited when you talking about a private context.”

Jane Rutkoski of Edwardsville said she knew she couldn’t challenge the order from her employer, LabCorp of America, to remove various patriotic decorations from its office on Welles Street in Forty Fort. Rather than comply, she opted to quit.

Rutkoski, a phlebotomist, planned to resign as of April 28. After a story about her dispute with LabCorp appeared in Saturday’s Times Leader, the company asked her to leave Monday.

Ray Wendolowski, a Laflin attorney who handles employment cases, said he’s personally troubled by LabCorp’s stance on the decorations, but legally the company was completely within its rights.

“There are exceptions, but generally a private employee does not have a First Amendment right to express them self,” Wendolowski said. “If (the employer) doesn’t deem something appropriate, they can tell you to take it down or be fired.”

There are certain types of cases where a First Amendment issue can be brought against a private employer, but those are tied to a violation of some other right, such as discrimination or retaliation, said attorney Kimberly Borland of Wilkes-Barre.

“You are protected if you speak out against sexual harassment by a private employer. They can’t fire you for that,” Borland said.

Brad Smith, executive vice president of corporate affairs for LabCorp, on Monday defended the company’s position. Smith stressed the company did not oppose Rutkoski’s decorations because they were patriotic. It simply wants its offices to be uniform and could not make exceptions for individual employees, he said.

Regardless of its reasoning, the company’s stance has drawn the ire of some area residents, several of whom phoned the Times Leader in support of Rutkoski.

Karen Rejician of Glen Lyon said she intended to call LabCorp’s corporate office Tuesday to complain.

“I’m going to tell them I’m totally disgusted. This is America. Any employee who wants to show their patriotism should be allowed to,” she said.

Jeff Aberle of Edwardsville said he’s so upset he plans to boycott the lab.

“It’s pathetic. What’s a few decorations, especially since 9/11,” Aberle said. “If that’s the corporation’s view I’m not having any more lab work done there.”

Tom Kovach of Mount Juliet, Tenn., a candidate for Congress in the 5th Congressional District in Tennessee, was so impressed with Rutkoski’s determination to hold her ground that he e-mailed a reporter, offering Rutkoski a job should he be elected.

“Anybody who is willing to put their job on the line and stand up on principle is the kind of person I could count on on my staff to tell me the truth,” he said.

Rutkoski on Wednesday said she was flattered by the offer, but isn’t so sure she wants to relocate. She’s focusing her efforts now locally, and is confident she’ll be re-employed soon.

In the meantime she’s busy trying to find a place in her half of her double-block home for the dozens of decorations she took from the LabCorp office. It won’t be easy, given her home is already filled with all kinds of Americana.

“Thank heavens the other half of the house is empty for the moment. I just kind of put everything there for now,” she said.