Burr & Forman

10.2.2019   |   Articles / Publications

Mercedes-Benz Win in Employee Complaint Case Holds Lesson for All Employers, Automotive Buy Sell Report

In an article published on September 25, 2019 in Automotive Buy Sell Report, Matt Scully discusses the outcome of Mercedes-Benz U.S. Int’l, Inc. & Michael Kirk Garner and lessons it holds for all employers, including dealerships.

Scully details the facts of the case, won by Mercedes-Benz U.S. Int’l, Inc, which was over not handling a complaint in a way the employee felt was proper. The case is unique because it represented a rare win for employers in responding to employee work complaints.

According to Scully, prudent employers should be proactive and take intentional steps to protect themselves.

“Be able to identify protected, concerted activity. While individual gripes do not qualify as concerted activity, group complaints about working conditions or complaints by one employee about group concerns about working conditions can be concerted and protected under the Act,” he clarifies.

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