On December 13, the NLRB issued its decision in Thryv, Inc., a case dealing with consequential remedies for workers. The decision expands the “make-whole remedies” available to workers who have been fired or disciplined in violation of the NLRA, even though the NLRA does not provide the Board with the authority to award consequential damages. Remedies can now include “all direct or foreseeable pecuniary harms” that stem from the illegal discipline, such as medical bills or credit card debt a worker accrued after losing their job.
The Coalition for a Democratic Workforce, of which GCCA is a member, filed an amicus brief in the case and issued a statement criticizing the Board for pursuing this policy. As explained in the brief, “the introduction of consequential damages, and the resultant need to prove the causation and reasonable foreseeability of such damages, will increase and prolong litigation,” and “efforts to recover such damages in the course of trying to settle claims will result in a failure of settlement when respondents have no opportunity to test the propriety of such damages through contested proceedings.”
