A defensive lockout occurs when an employer shuts down their business and prevents employees from working due to a dispute with the workers. This can happen if the employer anticipates significant financial losses or needs to safeguard their legal rights. While it is legally permissible, the U.S. Supreme Court has ruled that there should be no distinction between defensive and offensive lockouts. Offensive lockouts involve the employer halting work to gain an upper hand in negotiations with the workers’ union, which is considered illegal.
A defensive lockout occurs when an employer shuts down their business and prevents employees from working due to a labor dispute. This type of lockout aims to safeguard the company from financial harm or to uphold a legal entitlement. For instance, if a union threatens to go on strike and the employer anticipates significant financial damage, they may implement a defensive lockout to avert the strike. It is important to note that defensive lockouts were once legal, but the U.S. Supreme Court eliminated the distinction between defensive and offensive lockouts in favor of a balancing test. Prior to this decision, offensive lockouts, which were initiated by management to exert economic pressure on workers and gain an advantage in negotiations with a union, were considered illegal. In a broader sense, a defensive lockout can also refer to an employee’s refusal to work when the employer unreasonably refuses to adhere to an expired employment contract while negotiating a new one. For example, if an employee’s contract has expired and the employer refuses to engage in negotiations for a new contract, the employee may choose not to work until a new agreement is reached. This is considered a defensive lockout as the employee is safeguarding their legal right to a fair contract.
A defensive lockout is a legal action taken by a landlord to prevent a tenant from re-entering a rental property, typically due to non-payment of rent or other lease violations.
No, in most jurisdictions, a landlord must provide the tenant with notice before performing a defensive lockout. The specific notice requirements vary by state and local laws.
The waiting period before a landlord can perform a defensive lockout varies by state and local laws. In some jurisdictions, the landlord must wait a certain number of days after providing notice to the tenant.
Yes, a tenant can challenge a defensive lockout in court if they believe it was performed unlawfully or in violation of their rights as a tenant.
Consequences for performing an illegal defensive lockout can include fines, penalties, and potential legal action by the tenant.
No, a defensive lockout is not a legal method for evicting a tenant. Eviction must be carried out through the proper legal channels, such as through a court order.
No, a landlord can only perform a defensive lockout for specific reasons outlined in the lease agreement or allowed by state and local laws, such as non-payment of rent or lease violations.
Yes, a tenant can typically regain access to their rental property by resolving the issue that led to the defensive lockout, such as paying past-due rent or addressing lease violations.
In some jurisdictions, a landlord may be allowed to change the locks during a defensive lockout, but they must provide the tenant with a new key or access to the property.
Yes, a tenant can sue a landlord for performing a defensive lockout if they believe it was done unlawfully or in violation of their rights as a tenant.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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