EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards
Single Topic for Decision 2556M
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400.01000 – In General; Standards
If the employer’s conduct interferes with protected conduct, the burden shifts to the employer to articulate a legitimate justification for its conduct. The scrutiny with which the employer’s conduct will be examined depends on the severity of the harm. If the harm to employee rights is slight, a violation will be found unless the employer’s business justification outweighs the harm to employee rights. If the employer’s conduct is, instead, inherently destructive of employee rights, it will be excused only on proof that it was occasioned by circumstances beyond the employer’s control and that no alternative course of action was available.