Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.Read More
No matter the situation, thorough investigations and maintaining a consistent story will save your bacon in many workplace lawsuits.Read More
While a revised ruling would be consistent with the NLRB’s recent position on workplace communication, it is concerning for employers and bears monitoring.Read More
As much as it pains me, speech is speech, whether it’s engaging in an oral conversation, writing a comment to a Facebook post, or clicking 'Like.'Read More
You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.Read More
If you're having a problem with workplace gossip, one solution you might want to avoid is a policy banning it outright, at least according to the recent opinion of an NLRB Administrative Law JudgeRead More
This case offers hope to employers that there exists a more reasonable analysis of the application of Section 7 rights to workplace policies other than suggested by the Board’s recent actions.
Employees have an absolute right to discuss with each other how much they make. It is illegal to have a policy that prohibits wage discussions, or to fire an employee for engaging in such discussions.