EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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If the harm to protected rights is slight and the employer offers justification based on operational necessity, the competing interests are balanced. If the harm to employee rights outweighs the asserted business justification, a violation will be found. Where the employer’s conduct is inherently destructive of protected rights, it will be excused only on proof that it was caused by circumstances beyond the employer’s control and that no alternative course of action was available.