Employers often try to win disputes by focusing on technical definitions or procedural arguments. They will apply a narrow definition to an employee’s workplace right and reframe the dispute so the protection seems not to apply.
All four cases covered in this month’s podcast are examples of this tactic. See how courts decided.
The CasesNo Weingarten Rights For Arbitration Witness, But Interview Nonetheless Coercive, Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh, 57 PPER ¶ 32 (Proposed Decision and Order, 2025). (00:04:36)
New Hampshire Supreme Court Rules In Favor Of Corrections Officer Terminated After Raising Staffing And Safety Concerns, Appeal of Cass (New Hampshire Personnel Appeals Board), 2025 N.H. 51, 2025 WL 3466392 (N.H. Dec. 3, 2025). (00:12:45)
Court Orders Release Of Internal Affairs Report After Redaction, States Newsroom Inc. v. City of Jersey City, 2025 WL 2202105 (N.J. Aug. 4, 2025) (00:22:30)
Firefighter Entitled To Full Paid Military Leave For Forty 24-Hour Shifts, Driscoll v. City of Melrose, 2025 WL 3247580 (Mass. App. Ct. Nov. 21, 2025). (00:32:42)
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