News & Analysis as of

Protected Activity Employee Misconduct

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Jackson Lewis P.C.

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Jackson Lewis P.C. on

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more

Dorsey & Whitney LLP

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

Dorsey & Whitney LLP on

What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more

Parker Poe Adams & Bernstein LLP

NLRB Reverses Standard for Firing Employees Who Engage in Labor Confrontations

Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more

Venable LLP

What the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts

Venable LLP on

On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the...more

Jackson Lewis P.C.

Blowing The Whistle May Not Act As A Shield: The Consequences of Misconduct

Jackson Lewis P.C. on

That an employee may have engaged in protected activity under The Sarbanes-Oxley Act (“SOX”) does not render their employer unable to address the employee’s subsequent misconduct or other inappropriate behavior. Employers...more

CDF Labor Law LLP

Investigating Employee Misconduct In The Age of “Cancel Culture”

CDF Labor Law LLP on

What is “cancel culture”? During the last few years, there has been a groundswell of cultural movements seeking to rectify transgressions against traditionally marginalized groups, including women, Black people, members of...more

Seyfarth Shaw LLP

Title VII, Section 1981, and the Limits of Protected Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the...more

Fisher Phillips

NLRB Rules That Employers Need Not Tolerate Sexist, Racist, Or Abusive Conduct By Employees Engaged In Otherwise Protected...

Fisher Phillips on

In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Shaw LLP on

Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

FordHarrison

The ‘Unwritten Rules’ of Employment

FordHarrison on

I like watching baseball. Few things in life beat going to a weekday day game during the summer at Oracle Park (or even the Oakland Coliseum). Yet sadly, due to the coronavirus/COVID-19 outbreak, Major League Baseball has...more

Fisher Phillips

FAQs About Skip-Level Meetings: A Critical Management Tool

Fisher Phillips on

It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more

Polsinelli

No, Stealing Personnel Files Is Not Protected Activity (But the analysis doesn’t end there)

Polsinelli on

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...more

Proskauer - Whistleblower Defense

ARB Rejects SOX Claim Due to Complainant’s Harassment

The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more

Poyner Spruill LLP

Termination of Employee for FMLA Abuse Affirmed by Fourth Circuit

Poyner Spruill LLP on

FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more

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