Employment Posters Guide

Download the 2018 employment posters required by State and Federal law for free.

« Prevent 101 Problems with a Supervisor's Log | Main | Language to Use When Selling a Used Car »

Employment Law Alert!!!

The National Labor Relations Board (NLRB) ruled that non-union workers have a right to take a co-worker into a meeting when the worker faces disciplinary actions. In a Florida case, the Epilepsy Foundation of Northeast Ohio fired an employee who asked to bring a co-worker into a meeting where the employee believed he would receive a verbal discipline.

Prior to this ruling, only union employees had the right to bring a co-worker in to an investigative meeting that could result in disciplinary action. If the ruling stands, 100 million non-union employees across the United States may now have that same right. Only federal employees, domestic servants and airline and other transportation company employees are exempt from the NLRB ruling.

DON'T: Don't discipline or terminate an employee for asking to bring a co-worker into a meeting that could result in disciplinary action.

DON'T: Don't reject an employee's request to have a co-worker present. This is an opportunity for the employee to file a lawsuit against you.

DO: Do let all of the supervisors in your organization know of this new NLRB ruling.

DO: Do tell your supervisors that if they receive a request from an employee to have a co worker present at a meeting, to tell the employee that someone will get back to them and the meeting will be rescheduled.

DO: Do consult with an attorney experienced in this area immediately. Such a request is an indication that the employee may have already obtained legal counsel and is trying to set you up. Your legal counsel can help guide you on the actions that you need to take. This is a new ruling. It will be some time before the law is settled in this area.

DO: Do remember that if an employee requests to have a co-worker present at a meeting, you may have a number of options. Those options may include (1) postponing the meeting, (2) completing an investigation without interviewing the employee, (3) allowing the employee to have the co-worker present after all parties to the meeting agree to having the meeting tape recorded, (4) having other "witnesses" attend the meeting and (5) announcing the disciplinary action in writing rather than in a meeting.

This NLRB ruling is new. It has not yet been ruled upon by an appellate court. Until then, we do not want your business to be a test case. Please realize that if an employee asks to have a co worker present at a meeting, you must proceed with CAUTION.



It was quite a surprise to see so many requests for a copy of the vehicle bill of sale discussed in the last issue of LegalBriefs. We had no idea so many subscribers were selling vehicles. The response was so great that we will try to include more topics affecting your personal life while continuing to cover topics affecting your business life.

As always, our best topics are those suggested by subscribers. If there is a topic you would like to see covered, please send an email to me and we will do the best we can.

PrintView Printer Friendly Version

EmailEmail Article to Friend

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
All HTML will be escaped. Hyperlinks will be created for URLs automatically.