Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: sexual harassment

Termination for Dishonesty During Internal Investigation Lawful, Says NLRB

Posted in Employee Discipline, NLRB
In a positive development for employers, the NLRB held last week that the termination of an employee for lying during an internal investigation into complaints of harassing/discriminatory conduct was lawful.  Significantly, the decision occurred in a case that had been vacated as a result of Noel Canning. First, a quick review of the facts.  The… Continue Reading

Cry “Solidarity” and Let Loose the NLRB: A Significant Expansion of the NLRA’s Protections

Posted in NLRB
A recent NLRB decision will likely result in a significant expansion of the activity the NLRA protects. The case, Fresh & Easy Neighborhood Market, Inc., 361 N.L.R.B. No. 12 (2014) (pdf), arose from a complaint about sexual harassment. A female employee – Elias – placed a message on a whiteboard at the request of her supervisor. A word… Continue Reading

NLRB Finds Vulgar and Threatening Statements Not Sufficiently Vulgar or Threatening to Warrant Termination

Posted in NLRB
By Nelson Cary and Al Kinzer While a petition to decertify a union was pending, a pro-union employee wanted to express his support for the union. In the employer’s breakroom, he encountered three different pro-union newsletters.  Impulsively, he scribbled onto each of these newsletters a different message. These included: “Dear P***ies, Please Read!” (The actual message did… Continue Reading