In a sweeping decision, the National Labor Relations Board (NLRB) recently ruled employers are liable for their employees’ financial obligations if they occur due to being terminated because of union organizing. These debts may include – but are not limited to – out-of-pocket medical expenses, credit card debt, lost investment income and housing obligations.
In the past, employers have been liable for lost wages and reinstatement if the NLRB found an employee to be improperly disciplined for union organizing. Now employers can be held accountable for much more if the NLRB prosecutorial arm finds the employee suffered “direct or foreseeable pecuniary harm” as a result of the disciplinary measure.
This is another case of the NLRB taking an anti-employer stance over the past year. If you’re interested in learning more about how to protect your business from union-organizing tactics, please be sure to register to attend the Indiana Chamber’s Remaining Union-Free Seminar on April 20, 2023 in Indianapolis.
Ashton Eller is vice president of health care policy and employment law for the Indiana Chamber of Commerce. A Hamilton County native, Eller previously served as the Chamber’s manager of political affairs and has been with the organization since 2008.
