Oakland, California

Employees at an Oakland based internet software company were discharged through a layoff soon after they raised group concerns about changes to their working conditions. The NLRB issued a complaint alleging that the discharges were unlawful because the employees’ collective activities were protected. The complaint also alleged the Employer maintained unlawful policies that interfered with employees’ rights to freely discuss their working conditions, among other violations. Prior to the scheduled hearing, the case settled and the Employer paid over $100,000 in backpay. The Employer also agreed to expunge any reference to a layoff or discharge in each employee’s personnel file and to only provide a neutral reference to future prospective employers to prevent the alleged unlawful layoffs from being used to impugn their employment history. The Employer also agreed to post and electronically distribute an NLRB notice to its employees which states, among other things, that it will not restrict employees from communicating with their coworkers about their wages, across all communication platforms. While the employees voluntarily waived their right to full reinstatement to their former job with the Employer, they were satisfied with the settlement because it requires the Employer to post an NLRB notice which clearly informs their coworkers that they have the right to freely speak with each other in order to improve their wages, hours, and working conditions.