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Protected Activity

61 published works

  1. 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.…

  2. 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,…

  3. 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,…

  4. Texas Employment Lawyer

    I complained of discrimination. My employer retaliated. Am I protected?

    By Kalandra N. Wheeler

    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…

  5. 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…

  6. 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…

  7. Ogletree Deakins Podcasts

    Third Thursdays with Ruthie: Emotional Reactions and Protected Activity (Podcast)

    By Publisher, Publisher

    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…

  8. Labor Relations Update

    NLRB: Employee’s Profanity and Threatening Comments Insufficient to Forfeit Protections of the Act

    By Mark Theodore, Scott Tan

    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…

  9. 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…

  10. 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…