According to the NLRB in a decision published last week, an employer unlawfully maintained an unwritten rule that discipline was confidential and prohibited employees from sharing or discussing their discipline with coworkers. Although unwritten, the Board found evidence of its existence in a summary of an employee’s record that referred to the fact that employees were aware that disciplinary forms were confidential and should not be shared with other employees.
This is sadly another example of the NLRB taking exception to employers’ “Don’t Discuss That at Work” policies. (Phillips Electronics North America Corp, August 14, 2014, 361 NLRB No. 16).
For additional information on this or any related topic, please contact attorney Jake Fulcher at (812) 423-3183 or jfulcher@KDDK.com, or contact any member of the KDDK Labor & Employment Law Practice Team.
About the Author
Jake Fulcher, an Indiana labor and employment law attorney, is a partner at Kahn, Dees, Donovan & Kahn, LLP, in Evansville, Indiana. Jake represents a broad base of employers, including both private and public employers located in the U.S. and abroad, in all aspects of labor and employment law.
