Market Basket issued letters to hundreds of protesting employees yesterday giving them until Friday to return to work or lose their jobs — a move that legally will be difficult to enforce, a labor expert told the Herald.
“An employer in this situation has to be very careful because no matter how this has been labeled, the rank and file employees are on strike, and strikers have certain rights, including the right not to be terminated for engaging in a strike,” said Keith H. McCown, a top labor lawyer at Morgan, Brown & Joy, LLP. “Even though there’s no union in the picture, these employees are withholding their services collectively and that is a strike.”
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