EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards

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Although an employer may terminate programs or services for financial or operational reasons aimed at the fulfilment of its mission, such decisions are not immune from scrutiny where they are alleged to violate protected rights. Thus, while employees’ rights to engage in protected activity are not absolute and must coexist with the employer’s inherent managerial interests, neither are there any forms of employer conduct, including those involving fundamental policy decisions at the core of the employer’s mission, which are categorically immune from interference liability under the statute. (pp. 62-63.)