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Negative Comments About an Employer May Still Be Protected

By Mark N. Reinharz
October 24, 2011

The National Labor Relations Board (NLRB or “the Board”) issued a decision on July 21, 2011 that, at the very least, will cause employers to pause before disciplining employees who publicly criticize them and/or their products. In MasTec Advanced Technologies, 357 NLRB No. 17 (2011), the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act (the “Act” or NLRA). Consequently, the employer's termination of the employees was deemed unlawful.

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