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Hiring & Firing › National Labor Relations Board › Independent Unlawful Purpose

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Hinshaw & Culbertson LLP

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

Hinshaw & Culbertson LLP on

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

Laner Muchin, Ltd.

NLRB Restricts Employers' Right To Hire Permanent Replacements For Strikers

Laner Muchin, Ltd. on

For decades, employers have lawfully used the threat of permanent replacements as a weapon against strikers. On May 31, 2016, however, in an unprecedented decision, the National Labor Relations Board (NLRB) ruled that an...more

Seyfarth Shaw LLP

A Costly Lesson For Employers On Replacement Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more

Ruder Ware

NLRB to Unionized Employers - Hiring Permanent Strike Replacements is Not Always Lawful and Motive Now Matters

Ruder Ware on

It is well settled that once a union exercises its weapon to engage in an economic strike, an employer is empowered to continue its business operations through hiring of permanent strike-replacement employees. Whether a...more

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