Full Fifth Circuit to rehear NLRB ruling on Trader Joe's firing
Key points
- The Fifth Circuit granted en banc rehearing
- The earlier divided panel had upheld the NLRB finding
- The case involves a Houston store firing over Covid-19 safety concerns
The US Court of Appeals for the Fifth Circuit on Friday granted Trader Joe's request for en banc rehearing of a February 2026 divided panel decision. The panel had upheld an NLRB finding that the company's Houston store illegally fired a worker for raising Covid-19 safety concerns. Judge Andrew Oldham dissented in the earlier ruling.
What employers should do
- Review how complaints about workplace safety are handled to avoid adverse action against employees who raise them
Policy details
- Jurisdiction
- Federal
- Status
- Enforcement action
- Effective date
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- Employers covered
- Trader Joe's Co. (Houston store)
- Official source
- View official source ↗
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.