Date: August 9, 2012 | Category: Employee Counseling and Discipline
The NLRB ruled last week that an employer may not prohibit employees from discussing ongoing investigations of employee misconduct. In Banner Health Systems, Case 28-CA-023438 (July 30, 2012), a human resources consultant routinely asked employees who had made an internal complaint not to discuss the matter with any of their co-workers while the employer was investigating the complaint. In order to justify a prohibition on employee discussion of ongoing investigations, an employer must show that it has a legitimate business justification that outweighs employees' Section 7 rights. See Hyundai America Shipping Agency, 357..
