Got Laid Off For Trying To Start A Union At Work
A union was in the process of being created at my job. I was “laid off” according to my boss because off other reasons. I am wondering if anything can be done?
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2 Responses to Got Laid Off For Trying To Start A Union At Work
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Retaliation for wanting to form a union is illegal because it puts you in a protected class. The National Labor Relations Board (NLRB) is a federal government agency, founded by Congress in 1935. The primary responsibility of the NLRB is to administer the National Labor Relations Act. The Act is the main law governing relationships between unions and private sector employers. The Act guarantees the right of employees to organize and bargain collectively with their employers.
The Act ensures that non-union employees and employees who join, support or assist unions may not be discriminated against by either employers or by unions. It also protects non-union groups of two or more employees who attempt, without a union, to bargain with their employer over wages, benefits, and working conditions.
http://www.nlrb.gov/rights-we-protect/employerunion-rights-obligations
You’ll need to document to show proof of this retaliation. How things were before and after you started to unionize. Click here to learn how to document in my free report “10 Things That Managers Do To Get Sued…And Lose In Court”
There are a number of ways to get yourself into a protected class. Being in a protected class makes you a bullet-proof employee. Getting laid off or fired due to a protected activity is illegal. Click here to download Work Laws Exposed to learn about them with instructions for getting into a class.
Under the Wagner Act passed by FDR, employees have the right to create union without interference from employers. Although this act was amended with the Taft-Hartley amendment in 1947, employees still have the right to create unions only that employers are able to run campaigns against it.
If your employer did fire you because of an attempt to stop a union, you can easily get your job back with a simple suit. Your employer will have to rehire you and pay a fine.
it is not uncommon for employers to fire employees when they are trying to create a union. They know they may get have a lawsuit, but they dont care because the consequences are worth the action.(They stop a union and all they have to do is rehire the person after the lawsuit and they have to pay a fee)