The U.S. National Labor Relations Board (NLRB) upheld an administrative law judge’s 2024 decision that a Texas dental practice illegally fired an office employee after she discussed bonus calculations with co-workers, ordering that she be reinstated and given back pay.
Floss N Gloss, doing business as Aqua Dental, which has multiple locations in Texas, must rehire Sandra Estrada, a front-office employee who was reportedly disciplined and terminated after discussing bonuses. The NLRB also ordered the practice to reinstate Estrada and provide her with back pay. Terminating employees over pay-related concerns violates U.S. labor law, according to an NLRB order filed on June 1.
“The National Labor Relations Board has considered the decision and record in light of the exceptions and briefs and has decided to affirm the judge’s rulings,” according to the order.
The judge found that Estrada engaged in protected concerted activity when she sent an anonymous email in October 2022 to co-workers discussing workplace concerns and another email discussing the practice’s bonus system.
Furthermore, the judge highlighted that any talks about pay and working conditions are primary rights protected by the NLRB.
Finally, the judge determined that Estrada’s superiors knew her activities were protected yet exhibited animus. Management reportedly gave conflicting reasons for disciplining and firing Estrada and treated her differently from other employees, according to the order.
