In Los Angeles and across the U.S., you cannot legally be fired for union activity. Federal and California laws protect your right to organize, advocate, and act collectively.
Legal Protections for Union Activity
The primary federal law protecting union activity is the National Labor Relations Act (NLRA). Under Section 7 of the NLRA, employees have the right to:
- Join or form a union
- Assist a union in organizing
- Attend union meetings
- Talk to coworkers about unionizing
- Engage in collective bargaining
- File complaints or grievances with union support
- Strike or picket under certain conditions
These rights apply to most private-sector employees. Public-sector workers in California are protected by similar state laws, including the Meyers-Milias-Brown Act and the Dills Act, depending on the agency or employer. Importantly, these laws apply regardless of whether a union currently exists in your workplace.
What Counts as Illegal Retaliation?
It is unlawful for an employer to fire or retaliate against an employee because of their union activity. Examples of retaliation include:
- Termination after attending or organizing union meetings.
- Demotion or denial of promotion due to union support.
- Reducing hours or pay after speaking out about workplace conditions.
- Issuing false or exaggerated disciplinary actions tied to organizing efforts.
- Harassing or isolating employees who support unionization and and can be considered workplace harassment in LA County.
- Threatening to close the business or cut benefits if employees unionize.
Even indirect workplace retaliation in Los Angeles, CA—such as transferring an employee to an undesirable position or assigning unfavorable shifts—can violate the law if it is motivated by union involvement.
What If the Employer Claims a Different Reason?
Employers rarely admit they are firing someone for union activity. Instead, they may claim the termination was based on performance, attendance, or other “neutral” reasons. However, if the timing is suspicious, or if similar conduct by non-union employees goes unpunished, the employer’s justification may be a pretext. To prove unlawful retaliation, you must show that:
- You engaged in protected union activity.
- The employer knew about it.
- You experienced an adverse employment action.
- The action was motivated, at least in part, by your union activity.
What to Do If You Are Fired or Retaliated Against for Union Activity in Los Angeles
If you are fired, demoted, or punished for union activity, take the following steps immediately:
Document Everything
Write down dates, times, and details of what happened. Save emails, texts, write-ups, and any proof of your union involvement. Identify witnesses.
File a Charge with the NLRB
You must file a complaint with the National Labor Relations Board within six months of the retaliatory action. The NLRB can order reinstatement, back pay, and other remedies.
Public Employees
If you work for a public agency in California, file your complaint with the Public Employment Relations Board (PERB) instead of the NLRB.
Consult an Los Angeles Wrongful Termination Lawyer
An proven wrongful termination attorney in Los Angeles can help assess your claim, gather evidence, file charges on your behalf, and represent you during the entire process.
It is critical to act quickly. Delays can hurt your case or cause you to miss legal deadlines.