For employees covered by the National Labor Relations Act, firing someone for protected union activity is unlawful. That does not mean retaliation cannot happen. Coverage and circumstances matter, and some workers are governed by other laws. If you believe your rights have been violated, contact the relevant labor agency or a qualified labor adviser.
When an employer gives another reason for dismissal
While it’s illegal to fire employees specifically for unionizing, some employers may look for other reasons to terminate pro-union employees. They might scrutinize job performance, attendance, or company policy adherence more closely for those involved in union activities. This creates a grey area where an employer could claim the termination was for reasons unrelated to unionization efforts.
What to do if you are concerned about retaliation
Keep an accurate record of what happened, including dates and communications. Ask an experienced union organizer or qualified labor adviser about your circumstances, and use the NLRB’s guidance if your workplace is covered. No checklist can guarantee protection from retaliation.
Conduct that may warrant further advice
Some employers may try to discourage unionization through various means. It’s important to recognize these tactics:
- Increased surveillance of suspected union supporters
- Sudden changes in performance evaluations or job responsibilities
- Threatening job loss or benefits reduction for seemingly unrelated reasons
- Promising rewards for abandoning union support
Remember, while these actions may seem unrelated to union activities, they could be illegal under labor relations laws if they’re motivated by anti-union sentiment. If you encounter such behavior, document it carefully and consider reporting it to the NLRB.
FAQs
Can Employees Talk About Unions at Work?
Covered employees have rights to discuss union matters during non-work time. Rules for working time and distributing materials differ, and employer restrictions cannot be discriminatory. Consult the NLRB’s organizing guidance for the relevant distinctions.
Can You Be Fired for Going on Strike
Strike protections depend on the strike’s purpose, timing and conduct. Economic and unfair-labor-practice strikes can have different replacement and reinstatement rules. Seek qualified advice before acting in a specific dispute.
Conclusion
For an overview of the organizing process, read How to Start a Union. For advice about a dismissal or threat, contact the relevant labor agency or a qualified adviser.