Sunday, September 07, 2003

Misinformed bad intentions result in unfair labor practice

In JCR Hotel, Inc. v. NLRB, the Eighth Circuit held that an employer was guilty of unlawful discrimination under the section 8(a)(1) of the National Labor Relation Act when the employer fire a worker based on the "erroneous belief that [the] employee is engaged in protected concerted activity." A co-worker had told management "that rumor had it that Patsy was trying to get some of the people to walk out on a full house day," which wasn't true, but the employer believed it, and fired Patsy.

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