The Hire Slow & Fire Fast Rule Applies in Labor Law
On November 5, 2025, the 6th Circuit published its decision in NLRB v. Starbucks, No. 23-1767, and Starbucks emerged on the losing end in this decision. Starbucks lost because they violated the basic rule of hire slow and fire fast.
It is no secret that Union organizing attempts at various Starbucks stores have littered the news for the past several years. Here, the NLRB alleged that Starbucks terminated an employee, in significant part, due to her engagement in union activities. Starbucks defended, stating that the employee was terminated because she left the store, after shift, leaving only one employee working. Leaving the store with only one employee on shift, without telling a supervisor or co-manager, violates company policy. Starbucks asserted this was a serious policy violation as the policy exists to protect the safety of the other employee.
Here’s the rub, Starbucks allowed 6 weeks to pass from the date the employee admitted to breaking company policy to her termination. This delay in termination served to undermine Starbucks’ defense on the seriousness of the policy violation. Another problem for Starbucks is that the Court perceived it had a “general anti-union” animus, thus supporting the underlying NLRB decision against Starbucks and further weakening Starbucks’ defense.
The lesson here for employers is the same, hire slow and fire fast. If an employee has committed a serious policy violation, discipline/terminate the employee immediately, and don’t let your hesitation result in an Unfair Labor Practice violation.
If you have questions about Labor or Employment matters, contact us at Harvey Kruse.
Rita Lauer
Of Counsel