EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS – Statements
Single Topic for Decision 1263H
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404.02000 – Statements
Threats are deemded to be interference with portected rights under section 3571 because they tend to or do result in harm to employee rights; p. 43; In general, whether particular comments constitute an unlawful threat depends on the circumstances in which they occurred. A statement may be considered an implied threat of adverse action, depending on the manner in which it was delivered and other surrounding circumstances; p. 45. Although employees could reasonably have inferred employer's statement that employees "could lose their jobs" if they elevated a protest regarding sick leave policy carried the threat of dismissal, statement was not unlawful because it was excusable under the circumstances; pp. 45-46.