Blog Posts

RESTORING “BALANCE” TO THE (WORK)FORCE: THE BOARD CLARIFIES ITS TESTS TO DETERMINE WHEN “PROTECTED ACTIVITY” BECOMES UNPROTECTED

03/12/2018

Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether non-verbal employee misconduct occurring in the midst of otherwise protected concerted activity loses the protections of the Act.

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