Petition for Enforcement

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7^th Circuit Court of Appeals

Case Name: Staffing Network Holdings, LLC v. NLRB

Case No.: 15-1354, 15-1582

Officials: FLAUM, MANION, and ROVNER, Circuit Judges.

Focus: Petition for Enforcement

Staffing Network ordered to reinstatement employees and make whole after threatening employee with discharge after employee engaged in protected activity.

“Staffing Network’s remaining arguments are all founded on a version of the facts that was thoroughly rejected by the ALJ. Under the company’s version of events, Vega did not fire Barrera; he simply sent her home for the day after she had been insubordinate and abusive towards him. When Vega sent Juan home at the request of ReaderLink’s management, Barrera refused to go back to work, called Vega “a nobody,” threatened to report him to immigration authorities, and told him he was just Amaya’s “secretary,” according to Staffing Network. Vega denied yelling at Barrera or pointing at her, and claimed that he sent her home not because she was complaining about “injustice” but because she had been abusive and insubordinate, causing him embarrassment in front of other employees. Under Staffing Network’s version, no one ever told Barrera she could not return to work, and in fact Amaya told her to return the next day. The company also asserted that Barrera’s adult son repeatedly called Vega’s cell phone and left threatening and harassing voice mails. Staffing Network asserts that it repeatedly attempted to meet with Barrera but that she rebuffed all attempts to communicate. Staffing Network also claims that ReaderLink alone made the decision to place Barrera on “do not return” status.”

Order Enforced

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.