NLRB Advice Memo Clears Wal-Mart In Post-Protest Firings

Law360, Los Angeles (February 21, 2014, 8:23 PM EST) -- The National Labor Relations Board’s associate counsel said charges against Wal-Mart Inc. over the firing of some Florida protesters should be dismissed because the workers would have been disciplined anyway, according to a memo released Tuesday.

Associate General Counsel Barry J. Kearney, in a memo written Feb. 7, said that even though the timings of firings after the protests could demonstrate discrimination by Wal-Mart, the company provided enough evidence to show its stated disciplinary reasons for the terminations were not a pretext.

“Although a case can...
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