Federal Labor Board Issues Decision on Remedies for Fired Workers

The Coalition for a Democratic Workplace (CDW) provided the following update regarding a recent decision of the National Labor Relations Board (NLRB) impacting the remedies available to workers who have been determined to be wrongly fired or disciplined:

On December 13, the NLRB issued its decision in Thryv, Inc., a case dealing with consequential remedies for workers. The decision expands the “make-whole remedies” available to workers who have been fired or disciplined in violation of the NLRA even though the NLRA does not provide the Board with the authority to award consequential damages. Remedies can now include “all direct or foreseeable pecuniary harms” that stem from the illegal discipline, such as medical bills or credit card debt a worker accrued after losing their job.

CDW filed an amicus brief in the case and issued a statement criticizing the Board for pursuing this policy. As we explain in the brief, “the introduction of consequential damages, and the resultant need to prove the causation and reasonable foreseeability of such damages, will increase and prolong litigation,” and “efforts to recover such damages in the course of trying to settle claims will result in a failure of settlement when respondents have no opportunity to test the propriety of such damages through contested proceedings.”

NRMCA is an active member of the CDW, joining with hundreds of business organizations to advance ready mix friendly policy. For more information, please contact Kevin Walgenbach.