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The temperature is rising beyond the summer heat.  People have endured a year of lockdowns, threat of new lockdowns, confusing CDC guidelines, quarantines, loss of family or friends, not being able to see grandma or grandpa, and being thrust into a virtual world.  Any more pressure in this already hot pressure cooker, may result in employee walkouts and protests. 

Employers have the right to expect people to work their scheduled shifts. Generally, when an employee walks off the job it is considered a resignation or job abandonment.  

Under the employment at-will doctrine, the employment relationship may end at any time, for any reason or for no reason, with or without notice. The definition of job Abandonment also varies for each state. Generally, employers view job abandonment as an employee’s failure to show up for work for two or three consecutive days. 

Each individual state may have laws that define “at-will”, “job abandonment” and what rights employers have when an employee walks off the job.  Or there may be states that are silent on these points.   

Employee walkout

The term “employee walkout” is typically used when employees act collectively to make a point about working conditions. This is a different matter entirely than that of an individual employee that quit without notice. Employers should pay attention to their workforce temperature otherwise could be caught off guard. A walkout can disrupt business operations.

While this is a legitimate concern for employers, you’ll want to exercise caution and seek legal counsel, before disciplining employees for engaging in a walkout.  In addition, you’ll want to consider your culture and mission to see if taking a higher road may have a positive and meaningful impact for employees. In other words, here is a great opportunity to demonstrate to your employees that you care. 

Employees engaged in walkouts may have possible protections under the law. The National Labor Relations Act (NLRA) protects the rights of employees to engage in “protected concerted activity.” The NLRA defines Protected Concerted Activity as two or more employees who take action relating to terms and conditions of employment for their mutual aid or protection (Reference Sections 7, 8(a)(1). This applies to both union and non-union employers. 

What is not protected (which should go without saying, but…)

Behaviors that are not protected is when employee(s) engage in misconduct, reckless or malicious behavior, violence, theft, looting, sabotaging work equipment, etc. 

Best Practices

Savvy and proactive human resources professionals will have a plan before walkouts occur. Here are practices to consider.  

  1. Plan ahead and talk to first-line supervisors and get a sense of employee climate and potential impact to operations. Be prepared for potential operational disruptions. 
  2. Don’t automatically take disciplinary measures. Seek legal counsel and get advice on what your state permits and what you can and cannot legally do.
  3. Apply policies, such as attendance policies, consistently and fairly. 
  4. Train managers and supervisors on employee rights and make sure they understand their role. 
  5. Communicate early and often to the organization about what is happening and your position as it relates to your mission and vision.
  6. Consider high road tactics. An example is the CEO joining or supporting the employees engaged in walkouts or protests. 
  7. Involve employees in workplace changes versus just telling them top-down. 

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Tresha Moreland

Tresha Moreland is a 30-year organizational effectiveness and strategic workforce planning expert. She partners with business leaders to develop workplace strategies that achieve best-in-class results. She has held key organizational leadership roles in multiple industries such as manufacturing, distribution, retail, hospitality, and healthcare. Tresha is the founder and principal consultant of HR C-Suite, LLC (www.hrcsuite.com). HR C-Suite is a results-based HR strategy resource dedicated to connecting HR with business results. She has received a master’s degree in human resource management (MS) and a master’s degree in business administration (MBA). She has also earned a Senior Professional in Human Resources (SPHR), Six Sigma Black Belt Professional (SSBBP) Certification. She is also recognized as a Fellow with the American College Healthcare Executives with a FACHE designation.

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