A recent decision by the National Labor Relations Board (NLRB) in a case involving Piedmont Gardens and Service Employees International Union and the termination of an employee for alleged misconduct could have a negative impact for both employers and employees in such probes.

The NLRB tossed aside a nearly four-decade old standard that offered protection for employers in regards to providing witness statements to unions in discipline cases.

Shannon Farmer of Ballard Spahr LLP described the ruling as putting employers in a “very difficult position” when managing cases of misconduct and trying to protect those who brought the misconduct to their attention.

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