Labor unions exist, in no small part, to level the playing field between employees and the companies that hire them. When workers organize with one another, they can fight for safe working conditions and ensure that everyone receives fair pay. Establishing a worker union increases fairness and job security for workers in most cases.
However, employers then need to negotiate with the union when making any major staffing decisions, renewing contracts or adjusting worker pay or benefits. Many employers prefer to hire non-union workers and may try to deter their staff members from unionizing after starting their jobs.
Can employers fire workers who attempt to unionize?
Organizing is a protected activity
If employers could punish workers for bargaining collectively, that would prevent most professionals from pursuing the protection and support of unionizing. As such, the federal government recognizes the right to organize and consider doing so a protected activity.
Employees should not face punishment, also known as retaliation, for meeting with union representatives, discussing a union with coworkers or otherwise participating in any union-related activities. Companies should not consider organizing attempts when making employment decisions.
Unfortunately, many companies do fire workers when they attempt to unionize or may otherwise punish those involved in union-related activities. In such cases, the workers terminated for their unionizing efforts may have grounds for an employment lawsuit.
Documenting retaliatory conduct and discussing it with an attorney can help workers punished for unionizing assert their rights and hold employers accountable. Legal actions brought by employees can result in reinstatement to a former position or financial compensation if the courts agree that a termination was wrongful.