Category: Right to Unionize

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Fired for Unionizing? Your Rights Against Wrongful Termination

Unionizing & class action lawsuits allow the average employee to band together and get justice from large powerful corporations.

Fired for Organizing? Why Union Busting is Wrongful Termination

Losing a job is never easy, but losing a livelihood because you stood up for better working conditions is a profound violation of trust and law. When employees at Snohetta, a prominent architecture firm, attempted to unionize, they faced what many fear: sudden unemployment. A federal labor regulator accused the firm of laying off eight employees specifically in retaliation for their organizing efforts.

This scenario highlights a critical tension in the modern American workplace. While employees legally possess the right to organize, some employers respond with punitive measures that cross the line into illegality. If you have been dismissed for discussing wages, safety conditions, or unionization with your coworkers, you may be a victim of wrongful termination. Understanding where the legal lines are drawn is the first step toward reclaiming your career and holding corporations accountable.

Understanding Wrongful Termination

The term “wrongful termination” is often misunderstood. In the legal world, it does not simply mean a firing was unfair or harsh. Most employment is “at-will,” meaning an employer can fire you for almost any reason—or no reason at all. However, there is a massive exception: they cannot fire you for an illegal reason.

Wrongful discharge occurs when a termination violates specific statutes, employment contracts, or public policy. It goes beyond a personality clash; it is a contravention of the law. Common examples of illegal dismissals include:

  • Discrimination: Firing someone based on race, gender, age, religion, disability, or sexual orientation.
  • Whistleblowing: Retaliating against an employee who reports corporate wrongdoing, safety violations, or fraud.
  • Refusal to Commit Crimes: dismissing an employee because they refused to engage in illegal or unethical activities.
  • Protected Activities: Firing an employee for exercising their legal rights, such as taking medical leave, serving on a jury, or—crucially—organizing a union.

The Right to Unionize

Under the National Labor Relations Act (NLRA), you have the right to form, join, or assist a union. This federal law protects your ability to negotiate with your employer over wages, hours, and other terms of employment.

These protections are robust. You have the right to:

  • Distribute Union Literature: You can share information in non-work areas during non-work times, such as break rooms or parking lots.
  • Wear Union Insignia: In most cases, you can wear buttons, t-shirts, or stickers supporting your union.
  • Discuss Union Matters: You are free to discuss the pros and cons of unionizing with your coworkers.
  • Solicit Signatures: You can ask coworkers to sign authorization cards.

Importantly, supervisors cannot spy on you, coercively question you about your union stance, or threaten you with adverse consequences for your support. If an employer implies that the business will close or that layoffs will occur because of unionization, they are likely violating federal law.

Legal Protections for Union Activities

The core of the NLRA is the prohibition of retaliation. Employers cannot fire, discipline, demote, or penalize you for engaging in “concerted activity” for mutual aid or protection.

The allegations against Snohetta serve as a stark warning. The National Labor Relations Board (NLRB) stated that the layoffs were a direct response to the employees’ attempt to organize. This type of retaliation strikes at the heart of labor rights. When a company targets the organizers of a union drive, they are attempting to chill the speech and actions of the entire workforce.

If an investigation proves that an employer fired staff to crush a union drive, the consequences can be severe. Remedies often include reinstating the fired workers and providing back pay. The law recognizes that the power to organize is meaningless if exercising it costs you your job.

Employer Restrictions and Employee Rights

While your rights are broad, they are not without limits. “Working time is for work” is a general rule recognized by the NLRB. Employers can maintain non-discriminatory rules that limit solicitation during actual work hours.

However, the key word is non-discriminatory.

If your employer allows employees to chat about the weekend, sports, or local news while working, they generally cannot prohibit you from talking about a union. They cannot enforce a “no-talking” rule only when the topic shifts to wages or organization. Furthermore, they cannot prohibit you from soliciting support or distributing literature during your own time (lunch breaks or before/after shifts), even if you are on the company premises.

Key Federal and State Laws

Wrongful termination claims often intersect with various federal and state protections. While the NLRA covers union activity, other laws provide a bulwark against discriminatory firing.

Federal Protections

  • The Civil Rights Act of 1964 (Title VII): Prohibits discrimination based on race, color, religion, sex, and national origin.
  • The Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities and mandates reasonable accommodations.
  • The Age Discrimination in Employment Act (ADEA): Protects workers aged 40 and older from age-based bias.
  • The Family and Medical Leave Act (FMLA): Ensures employees cannot be fired for taking protected leave for family or medical reasons.

California Protections

For employees in California, state laws offer even stronger shields:

  • California Fair Employment and Housing Act (FEHA): Provides broader protections than federal law, covering sexual orientation, gender identity, and marital status.
  • California Labor Code § 1102.5: This statute explicitly protects whistleblowers who report unlawful activities or refuse to participate in them.

What to Do If Wrongfully Terminated

If you believe you have been targeted for layoff because of your union activities or membership in a protected class, swift and deliberate action is necessary to protect your claim.

1. Document Everything

Memory fades, but documentation lasts. Create a detailed timeline of events leading up to your termination. Save emails, performance reviews, and any written communication regarding your dismissal. If you were questioned about your union views by a manager, write down the date, time, and specific comments made.

2. Do Not Use AI for Legal Research

It might be tempting to plug your situation into an AI chatbot to see if you have a case. Do not do this. Conversations with AI platforms are not privileged. They are discoverable by the opposing party in a lawsuit. If you provide an AI with inconsistent details or vent your frustrations, the defense could potentially use those logs to damage your credibility in court.

3. Do Not Sign Immediately

Employers often present severance packages that include a release of claims. Signing this may waive your right to sue for wrongful termination. Do not sign anything until you fully understand what rights you are giving up.

4. Seek Legal Counsel

Wrongful termination cases, especially those involving union retaliation, are legally complex. They require proving the employer’s intent was illegal. Consult with an experienced employment attorney who can evaluate the facts, guide you through the filing process with the NLRB or EEOC, and advocate for your justice.

Protecting Your Future

The decision to unionize or speak out against workplace injustice should not cost you your livelihood. Whether it is a high-profile architecture firm or a small local business, no employer is above the law.

If you suspect your rights have been violated, do not face the corporate legal machinery alone. By understanding the protections afforded to you by the NLRA and state laws, you can stand your ground. Contact a qualified wrongful termination attorney to discuss your case confidentially and take the first step toward holding your employer accountable.

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Understanding Concerted Activity Rights

Farm worker employees right to unionize.

Understanding Concerted Activity Rights and What They Mean for Employees

The right to organize, demand fair treatment, and advocate for better working conditions is a foundational labor right that’s been fought for over decades. Understanding concerted activity rights is essential for both employees and employers, yet it remains a topic many are unfamiliar with. Recent cases, such as the Redwood Empire Vineyard Management (REVM) incident, underscore the importance of knowing and protecting these rights.

This guide will walk you through the basics of concerted activity, highlight the significance of the REVM case, and provide actionable advice to help employees recognize and address violations of their rights.

What Is Concerted Activity?

At its core, concerted activity refers to actions taken by employees as a group or on behalf of a group to improve their wages, working conditions, or other employment terms. These actions are protected under the National Labor Relations Act (NLRA), a federal law passed in 1935 to safeguard employees’ rights to organize and engage in collective efforts without fear of retaliation from employers.

Examples of Concerted Activities:

  • Organizing or joining a strike to demand higher wages.
  • Petitioning management as a group to improve workplace safety.
  • Discussing wages, hours, or working conditions openly with coworkers.

Concerted activity applies regardless of union membership. This means employees in both unionized and non-unionized workplaces are legally protected when engaging in concerted efforts to address workplace concerns.

Why Does This Matter?

These protections ensure that employees can collectively address inequalities and improve workplace environments without facing undue consequences.

The REVM Case A Violation of Rights

The REVM case is a poignant example of how these rights can be breached and what consequences follow when employers violate these laws.

What Happened at REVM?

REVM, a vineyard management company in California, required its farmworkers to sign contracts that prohibited them from renegotiating their wages. When some employees participated in protests demanding hazard pay, the company retaliated by refusing to include them in future work lists and laying them off. These actions were deemed violations of the California Agricultural Labor Relations Act.

The ALRB Investigation

The Agricultural Labor Relations Board (ALRB) determined that REVM’s actions were unfair labor practices. The company was found guilty of:

  • Retaliating against employees for participating in protected concerted activities.
  • Including unlawful clauses in employee contracts discouraged workers from asking for better pay.

Settlement Outcome

REVM reached a settlement to pay $33,548 to affected employees and agreed to remove prohibitive clauses from its contracts. The ALRB also required the company to educate workers about their rights and commit to respecting their ability to organize in the future.

This case serves as a stark reminder that retaliation for engaging in collective activities is unethical and illegal.

Employee Rights in California

California employees benefit from a combination of federal and state laws that protect their rights to challenge workplace inequalities.

What Does At Will Employment Mean?

California is an “at-will” employment state, which means an employer can terminate an employee at any time for any legal reason. Similarly, employees can quit without notice. However, “at-will” rules do not permit terminations based on illegal reasons, such as retaliation, discrimination, or for participating in protected concerted activity.

Key Protections in California:

Under both state and federal regulations:

  • You have the right to discuss wages and working conditions with coworkers.
  • You cannot be fired for organizing or taking group action to address workplace issues.
  • Anti-retaliation laws protect you from being punished for engaging in protected activities.

It’s crucial for workers to know that these protections apply whether or not they are part of a union.

Identifying and Addressing Retaliation

Employer retaliation can take many forms, often subtle or disguised to intimidate employees or discourage further action. Recognizing these signs is the first step toward safeguarding your rights.

Signs of Retaliation:

  • Being excluded from work opportunities or projects.
  • Sudden negative performance reviews after participating in collective activities.
  • Demotions, loss of benefits, or changes in job responsibilities.
  • Threatening or intimidating behavior from managers or supervisors.

Steps You Can Take:

  1. Document Everything

Keep detailed records of any interactions, contracts, or changes in your employment terms following collective actions. This documentation can serve as crucial evidence.

  1. Maintain Communication with Coworkers

A group effort strengthens legal protections and presents a unified voice that employers cannot easily dismiss.

  1. File a Complaint

If retaliation occurs, file a formal complaint with the ALRB in California or the National Labor Relations Board (NLRB) for other cases. These organizations will investigate and address the violation.

  1. Reach Out to Legal Experts

Consulting with a labor rights attorney ensures you receive tailored advice and representation if needed.

How Organizations Like ALRB Can Help:

Labor organizations like the Agricultural Labor Relations Board provide education, resources, and enforcement mechanisms to protect your rights. If you’re unsure where to begin, they are an excellent first point of contact.

The Power of Collective Action

The REVM case illustrates the risks workers face when challenging unfair practices but also the power and strength gained through collective action. By standing together, these workers not only secured financial compensation but also initiated systemic changes that protect future employees.

Employers may try to silence their workforce through legal loopholes or intimidation, but your rights as an employee are backed by federal and state laws. Becoming familiar with concerted activity protections is the first step toward a fairer workplace for all.

Moving Forward and Seeking Justice

Understanding concerted activity rights is not just about reacting to workplace challenges; it’s about using collective action as a proactive tool for systemic change. Every employee who speaks up strengthens protections for others in similar circumstances.

If you’ve faced retaliation or suspect your rights have been violated, don’t wait. Contact a qualified labor rights attorney for guidance. Together, we can ensure that no worker feels powerless in advocating for fair treatment.

Take control of your rights. Speak up. Seek assistance. Stand with your coworkers for a workplace that values fairness, respect, and equality.

This post utilizes information reported by Carlos Cabrera-Lomelí

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Celebrating Dolores Huerta: A Beacon of Hope and Empowerment for Hispanic Heritage Month

Racial discrimination in the workplace lawyers in Los Angeles, Helmer Friedman LLP.

Every year, during Hispanic Heritage Month, we pause to celebrate the rich histories, cultures, and contributions of American citizens whose ancestors hailed from Spain, Mexico, the Caribbean, and Central and South America. This year, we pay a special tribute to an inspiring figure who has left an indelible mark on American history – Dolores Huerta.

Born on April 10, 1930, in the small mining town of Dawson, New Mexico, Dolores Clara Fernandez Huerta was destined for greatness. The seeds of social justice were planted in her early life, inspired by her mother’s sense of community and activism and her father’s political endeavors. As a young child, Dolores migrated to Stockton, California, where she was exposed to the cultural diversity of working families of Mexican, Filipino, African-American, Japanese, and Chinese heritage. This rich tapestry of multicultural influences significantly shaped her worldview.

Driven by the sight of her students coming to school barefoot and hungry, Dolores left her teaching career and embarked on a lifelong mission to fight economic injustice. She co-founded the United Farm Workers (UFW) union alongside César Chávez, becoming a prominent part of an instrumental movement that sought to improve the working conditions of farm laborers in the United States. Her motto, “Sí, se puede” (Yes, we can) echoes timelessly as a rallying cry for social justice.

Dolores’ political activism left a profound impact, leading to the enactment of the Agricultural Labor Relations Act of 1975. This pioneering law granted farm workers in California the right to collectively organize and bargain for better wages and working conditions. Her efforts also reached beyond the UFW, branching into women’s rights and the broader feminist movement, challenging gender discrimination within the farm workers’ movement and beyond.

Despite numerous threats and a brutal physical assault, Dolores persevered, embodying the strength and resilience of the communities she represented. Recognized globally for her tireless advocacy, Dolores received numerous accolades, including the Presidential Medal of Freedom in 2012, the highest civilian award in the United States.

Now, at age 93, Dolores continues her legacy, inspiring new generations of activists through her foundation. Her work serves as a shining example of grass-roots democracy, promoting social justice and public policy changes that uplift the working poor, women, and children.

The story of Dolores Huerta is beautifully captured in the 2017 documentary, “Dolores”. The film presents an exhilarating portrait of a woman whose impact on American life, though often overlooked, was nothing short of transformative. It serves as a powerful call to action, reminding us all of the power of collective action in service of social justice.

This Hispanic Heritage Month, we celebrate Dolores Huerta’s enduring legacy, which is a testament to the transformative power of collective action and a beacon of inspiration for future generations of activists.

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AB 2183: Card Checks for Farmworkers

Farm worker employees right to unionize.

AB 2183 makes it easier for farmworkers to unionize. Until the passage of this new law, union elections usually took place on the growers’ properties. The new measure allows farmworkers to vote by mail or fill out a ballot card to be dropped off at Agricultural Labor Relations Board.