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

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The Board rejected any automatic rule that an employer’s affirmative defense to retaliation automatically negates the possibility of harm under a related but independent interference allegation, and clarified that an employer’s business defense is properly considered as part of the Carlsbad balancing analysis. (p. 30, fn. 14.)