Unionization is becoming a hot topic with recent attempts at major companies the likes of Amazon, Starbucks, and Apple. Legally, no employee can be fired for union organizing at work or being affiliated with a union, and companies that terminate on bases like these may incur liability for retaliation.
So, what happens if you do get fired? It can be a shock at first, especially when you’ve been told your employer can’t fire you for talking about starting a union or other union-related activity. Many people have been here before, though, and it can be trickier than you might think to prove your termination was wrongful – but that doesn’t mean you shouldn’t try.
The Circumstances of Your Termination Matter
An employer who understands their liability risks will never fire you for being engaged in a union. The National Labor Relations Act is the federal law that protects workers’ right to collective bargaining and labor organization. It’s been around for almost 90 years, so no employer should be unaware of the protections for employees engaging in unionization – and yet, retaliation still occurs.
Rather than terminating an employee for union activity, an employer may cite other reasons for termination. For example, it could nit-pick an employee’s performance to find enough flaws that could reasonably justify a reason to terminate. It can also allege that the employee’s union activity was a distraction that interfered with their performance at work, which could lead to a for-cause termination.
When all else fails, an employer can hide behind at-will termination and simply give no specific reason for the firing.
Can My Employer Monitor My Union Activity?
Your employer may monitor what you do on official company channels (company-sponsored email, text messaging, instant messaging, etc.) and what occurs on company property. It cannot, however, retaliate against you for union-related activity on these channels.
Under no circumstances can your employer attempt to spy on you by any other means or make it appear as if it is conducting surveillance, especially when you are not at work.
Again, however, your employer is likely to argue that your union activity interfered with your work duties or others’ during work time.
Contact K2 Employment Law for Help.
When you think your termination is related at all to your participation in a union-related activity, consult with an employment law attorney as soon as possible. We can provide legal guidance and services to help you assert your rights after an employment law violation.
Learn more about how we can help during a free consultation. Contact us online now to get started.