EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES – In General

Single Topic for Decision 2586E

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An employer does not commit unlawful interference when it investigates an employee based upon a facially valid complaint of misconduct, even if the alleged misconduct occurs during the employee’s exercise of arguably protected activity, provided that (i) the nature of the complaint legitimately calls into question whether the employee conduct was protected, and (ii) if the employer acquires information indicating that the alleged conduct was protected, the employer immediately ceases the investigation and notifies all affected employees regarding its outcome. Once the employer has sufficient information to determine that the employee’s conduct did not lose its protected status, continuing the investigation is an unfair practice.