John Stewart
Tue, 01/23/2024
On January 10, 2024, a panel of the National Labor Relations Board (“NLRB”) upheld an administrative law judge’s opinion putting two fired employees back to work, ruling that the employer’s asserted basis for their termination violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”), which protects employees’ right to join, form, and assist Union, engage in collective bargaining, and engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
The employer, Vesta VFO LLC, a wealth management and financial planning services company, hired the two employees as investment analysts in early 2019, with the understanding they would revisit their wages several months later. Later that year, after the two employees requested raises based on internal payroll documents, they were fired, purportedly for violating the employer’s confidentiality policies by accessing payroll information they used to make their case for better wages.
The administrative law judge, as affirmed by the NLRB, found that the timing of events—specifically the speed at which the two employees were fired after they engaged in protected concerted activity by discussing and requesting salary increases—supported a finding that the protected activity was a motivating factor in the employer’s decision to terminate the two investment analysts. The employer’s limited investigation into the employees’ conduct, their shifting explanations for the firings, and statements by managers admitting the employees were discharged for using the payroll information to request better pay, according to the NLRB, also supported the finding that Vesta VFO LLC had unlawfully terminated its investment analysts for protected concerted activity by requesting additional compensation for their work.
As a result, the NLRB enjoined Vesta VFO LLC from committing any similar terminations or related violations of the NLRA in the future and awarded the employees make whole relief, including reinstatement and back pay.
If you have questions about your rights as an employee or believe you have been denied any other protected rights or employment benefits, please reach out to MSE at info@mselaborlaw.com.
