News & Analysis as of

Termination The National Labor Relations Act Corporate Counsel

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Proskauer - Labor Relations Update

Not Just Starbucks—Federal Judge Grants 10(j) Injunction against Amazon Based on Employee Termination

As we previously discussed in June 2022, the National Labor Relations Board (“NLRB” or the “Board”) pursued a 10(j) injunction against a Starbucks in Buffalo, New York after it fired workers for allegedly engaging in union...more

Locke Lord LLP

Memes, Emoticons, and Social Media ‎Posts as Protected Concerted ‎Activity

Locke Lord LLP on

To navigate the pandemic, companies and employees shifted to virtual tools and platforms to conduct business and communicate with team members. With this transition into the virtual office space and increased screen time,...more

Jackson Lewis P.C.

Reminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union Or Non-Union) Who Discusses...

Jackson Lewis P.C. on

On Friday, May 4, 2018, the National Labor Relations Board ruled that a janitorial services company violated the National Labor Relations Act when it terminated an employee who pursued wage theft claims and discussed the...more

Husch Blackwell LLP

D.C. Circuit To The NLRB: Lying Is Not Protected Activity

Husch Blackwell LLP on

Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content” of the testimony he made before...more

Saul Ewing LLP

Profane Facebook Message Protected Under The NLRA

Saul Ewing LLP on

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

Proskauer - Labor Relations Update

Employer’s Interview Of Employees During Defense Of Unfair Labor Practice Violates Act, NLRB Rules

We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law. And...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Fresenius, the NLRB Admits It Was Wrong . . . Sort Of!

On June 24, 2015, the National Labor Relations Board (NLRB) issued a new decision involving allegations that an employer had unlawfully discharged an employee who had scrawled sexually-oriented obscenities and threatening...more

Cranfill Sumner LLP

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

Cranfill Sumner LLP on

In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising...more

Cozen O'Connor

The Truth About As*holes

Cozen O'Connor on

Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more

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