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Disciplining employee misconduct: A return to (relative) complexity

October 2023 employment law letter
Authors: 
Harrison Kosmider, McAfee & Taft

The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members. Once again, the Board has shifted its position on an important topic: Just how far can an employer go when disciplining employees for misconduct—including hostile, abusive, or offensive behavior—when they are engaged in protected concerted activity?

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