Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the Act) protect employees from retaliation for concerted protected activity. Protected concerted activity generally involves two or more employees discussing working conditions like pay, benefits, etc.
One of the employees who lost his job at Twitter this month — a plaintiff in the WARN lawsuit we discussed yesterday — claims that his protected concerted activity motivated the company to end his employment.
Specifically, he alleges that he became concerned that he and other Twitter employees would lose access to essential documents should Twitter law them off. So, he developed