Microsoft Ruling Sets New Standard for Workplace Protest Protection

The National Labor Relations Board (NLRB) recently released an advice memo that has implications for employers and employee protests. The memo concerns a case in which Microsoft fired two employees who organized an unauthorized protest at the company's Redmond, Washington headquarters.

The protest was against Microsoft's ties to Israel and was timed to coincide with an international day of action. The invitation to the event linked back to a petition launched months earlier by advocacy group 'No Tech for Apartheid' and a coalition of Microsoft employees.

However, the NLRB's Division of Advice concluded that the terminations did not violate Section 8(a)(1) of the National Labor Relations Act because the protest was not activity for employees' 'mutual aid or protection.' The Division found that improving working conditions was not an objective of the demonstration.

Employers are advised to carefully evaluate employee protests and demonstrations, considering whether they identify a clear workplace objective. Documenting the real reason for discipline is also crucial in case of potential legal challenges.