New NLRB ruling sets higher bar to fire employees for misconduct

The National Labor Relations Board has issued a new ruling that experts say should give employers pause when firing employees for certain types of misconduct.

The agency has reversed a previous decision on how employers should treat misconduct by workers who could be considered as engaging in union or organizing activity — and that means a more complex set of guidelines for employers to follow.

Experts say the new decision means companies will now need to look at three separate standards to determine if an employee can be fired for misconduct at a time when union organization attempts are ramping up.

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The new ruling sends companies back to a previous standard that uses three separate tests that are largely based on the specifics facts of each case. Additionally, experts say some of the lines about what could constitute protected activity are very broad and could even apply to social media posts or discussing workplace issues with colleagues.

https://www.bizjournals.com/seattle/news/2023/05/05/nlrb-fire-employee-union-organizing-labor-rights.html