Topic
Protected Activity
61 published works
Proskauer Whistleblower Defense
ARB Affirms Dismissal of SOX Whistleblower Claim for Lack of Protected Activity
By Steven J. Pearlman, Pinchos Goldberg, Julia Hollreiser
On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX.…
Labor Relations Update
NLRB: Employer’s Good-Faith Belief in Employee’s Misconduct Insufficient to Justify Terminating Employee Engaged in Protected Activity
By Joshua Fox, Mark Theodore, Scott Tan
As we have often discussed, there is a fine line between protected and unprotected activity. Profane outbursts, deliberate misconduct, or highly-disruptive strikes may fall outside the protection of the NLRA,…
Labor Relations Update
NLRB: Employer Tweet Unlawfully Restrained Protected Activity
By Mark Theodore, Joshua Fox, Scott Tan
On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity. In FDRLST Media,…
Texas Employment Lawyer
I complained of discrimination. My employer retaliated. Am I protected?
As you may hear over and over again, Texas is an at-will employment state. What that means is that there are limited protections for employees in the workplace. At-will employment…
Vorys on Labor
NLRB Gives Employers Greater Ability to Discipline Abusive Conduct
By Nelson Cary
Employees probably just lost the ability to tell their boss to f*** off. When considering an employee’s protected activity, the NLRB recently changed its tune on how it analyzes employer…
The Employer Report
NLRB Says, “#*!%@*” Could Get You Fired
By Douglas A. Darch, William F. Dugan, Stephanie Priel
The "days of boys will be boys" must end, said Circuit Judge Brown in Consolidated Communications, Inc. v. NLRB, 837 F.3d 1, 18 (D.C. Cir. 2016), a case involving strike…
Ogletree Deakins Podcasts
Third Thursdays with Ruthie: Emotional Reactions and Protected Activity (Podcast)
In this episode of the Third Thursdays podcast, Ruthie Goodboe examines a recent NLRB case involving the Section 7 rights of an employee who was discharged for an outburst towards…
Labor Relations Update
NLRB: Employee’s Profanity and Threatening Comments Insufficient to Forfeit Protections of the Act
In the past, we frequently have discussed protected activity and how an employee’s profane outburst or deliberate conduct may render otherwise protected activity, “unprotected.” However, as this recently issued decision…
Employment Law Worldview
NLRB Must Consider An Employer’s Obligation To Maintain A Harassment-Free Workplace When Evaluating An Employee’s Allegedly Protected Conduct (US)
By Lew Clark
The U.S. Court of Appeals for the D.C. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an employer’s obligation…
Labor & Employment Insights
The NLRA, Protected Activity, and the F-Bomb
By John W. Hargrove, Anne R. Yuengert
When, if ever, is swearing at your supervisor or coworkers a federally protected activity? The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National…