Law School Toolbox Podcast Episode 257: Listen and Learn -- The "Reasonable Person" Standard
Bar Exam Toolbox Podcast Episode 97: Listen and Learn -- The Reasonable Person Standard
The NLRB analyzes employer policies to see if the policies “chill” employees’ rights to engage in concerted protected activity under the NLRA. The NLRB says it applies a “reasonable person” test, which asks “would a...more
To prove retaliation a plaintiff must show that he or she suffered an “adverse employment action” – an issue that is often conceded by employers defending against such claims. However, the Fifth Circuit’s recent decision in...more