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Labor Board Seeks Input on New Damages for Unlawful Firings

Nov. 10, 2021, 8:38 PM

The National Labor Relations Board is seeking public input as it considers whether to impose new damages on employers that unlawfully terminate their workers.

Board members issued a notice and invitation to file briefs Wednesday asking whether it should modify its make-whole remedies to include “consequential damages,” which would encompass the economic fallout for workers fired in violation of labor law.

The agency also welcomed submissions that explore the circumstances warranting that relief, and how the damages would be proven in administrative hearings.

Employers historically have been required to remedy unlawful layoffs or terminations by reinstating workers and paying them ...