News
Principal Jon Klinghoffer is quoted in "HR May Feel More Confident About Terminations After Starbucks Ruling," published July 1, 2024 on SHRM.org.
Following the recent Starbucks ruling by the U.S. Supreme Court, HR professionals might have more confidence about terminating employees for serious violations of company policy, writes Allen Smith on SHRM.org, even if those employees are union organizers.
In the decision, the Supreme Court vacated the lower courts' opinions in favor of seven Starbucks workers who claimed they were unlawfully fired for their union-organizing efforts. The Supreme Court clarified this would mean that rather than fulfilling a relaxed two-factor test for a court to issue a Section 10(j) injunction, the National Labor Relations Board (NLRB) must satisfy the traditional four-part test for preliminary injunctions that is more stringent. Starbucks maintains that the employees were fired for violating company policy by entering closed stores and letting in unauthorized people.
This [presidential] administration proudly touts itself as the most pro-labor administration in history, and this decision does not change this fact
While this win may be considered good news for HR professionals as it may be more difficult for the NLRB to get an injunction, the NLRB will continue to review employers who fire union organizers for violating company policy, despite this decision.
