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.