The Employer also agreed to remove those sections of their social media policy which restricted employees rights and post a Board notice to employees advising them of their rights under the Act. L. 104294, 604(b)(14)(C). What Is "Protected Workplace Activity" In New York? L. 104294, title VI, 604(b)(14)(C). After an investigation, the NLRB agreed with the fired workers and called for a hearing before an Administrative Law Judge, who found that the discharges were unlawful because they retaliated against protected concerted activity. Terms of Service. enrolling in or attending any public school or public college; participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any, applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any, serving, or attending upon any court of any. An employee was fired by a long-term acute care hospital in Chicago after filing a grievance regarding the treatment of employees who return from medical leave. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. The employees signed the petition using aliases and delivered it to association delegates at an annual meeting. In Era of Disengagement, How Do Law Firms Motivate Lawyers and Staff? Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid. 'A Huge Concern': Big Law Leaders Grappling With Attorney Disengagement. .table thead th {background-color:#f1f1f1;color:#222;} The staff at an urgent care center sent an anonymous letter to the owner/doctor, asking him to reconsider a plan to immediately cut wages by 10% and suggesting alternate ways to save money. Gisele O., the customer service representative, frequently discussed work-related issues with her close friend, who also was her supervisor at Cotton Babies, an online cloth diaper supplier. As used in this section. The Board found the employer violated the National Labor Relations Act by firing the employee to prevent her from talking about her complaints of favoritism with co-workers. As a result, an agency may not fire, demote, harass or otherwise take adverse action against an employee or applicant for employment for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. I had faith that we would win and that we would show the company they could not walk all over us, she said. L. 104294, 604(b)(14)(C). Retaliation is when an employer takes adverse action against an employee for engaging in a protected activity, like whistleblowing. Examples of participation include filing a charge of employment discrimination; cooperating with an internal investigation of alleged discriminatory practices; or serving as a witness in an EEO investigation or litigation. After the NLRB issued complaint, both employees received full backpay and offers of reinstatement. [CDATA[/* >