Nov. 29, 2024

Can’t Fire One? Just Fire Them All: The Eighth Circuit’s Hard Stance Against Circumstantial Evidence for Mass Discharges

The National Labor Relations Act protects employees from adverse employment actions based on union-related activities, such as organizing efforts. Under the Mass Discharge theory, the National Labor Relations Board has historically found violations when employers discharge large groups of employees to discourage union activities. However, the U.S. Court of Appeals for the Eighth Circuit's recent decision in Strategic Technology Institute v. NLRB challenges this approach, potentially leaving employees vulnerable to discriminatory terminations without clear legal recourse.