A Letter to the NLRB on Its Latest Position Against Confidential Workplace Investigations

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In Banner Estrella Medical Center, the NLRB concluded that an employer’s request to employees not to discuss a workplace investigation with their coworkers while the investigation was ongoing violated the employees’ rights to engage in protected concerted activity. This article discusses how this decision neuters the ability of employers to conduct thorough and accurate workplace investigations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jon Hyman, Kohrman Jackson & Krantz | Attorney Advertising

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