Can I Be Fired for Union Activity in California?
Employees throughout Los Angeles and across California often ask the same important question: Can I be fired for participating in union activity? Whether you live in Sherman Oaks, Encino, Studio City, or anywhere in the greater Los Angeles area, the law is clear. Your right to participate in union activity is protected under both federal and California state laws. Terminating or retaliating against an employee for engaging in these protected activities is illegal.
At Fraigun Law Group, we represent employees who have faced unlawful treatment at work, including wrongful termination tied to union involvement. California law provides significant protection for workers who choose to organize, speak out about workplace conditions, or support a union.
Let’s break down your legal rights and what you should do if you believe your employer has punished you for participating in union activity.
Union Rights Under Federal Law: The National Labor Relations Act (NLRA)
The most significant federal law protecting employees’ union rights is the National Labor Relations Act (NLRA), which applies to most private-sector workers. Under Section 7 of the NLRA, employees are legally allowed to:
- Join or form a labor union
- Support union organizing efforts
- Attend union-related meetings and activities
- Talk with coworkers about unionization
- Participate in collective bargaining
- File complaints with union support
- Picket or go on strike under specific legal conditions
These rights apply even if no formal union currently exists in your workplace. The key factor is that the activity is related to improving working conditions or organizing with other employees.
To learn more about Section 7 of the NLRA, you can visit the National Labor Relations Board’s website.
California Laws Protecting Union Activity for Public Employees
If you are employed by a public agency in California, such as a city, county, or state government, your rights are protected by separate but equally strong legal statutes.
Two of the most relevant state laws include:
- The Meyers-Milias-Brown Act (MMBA) – This law covers city, county, and local agency employees.
- The Dills Act – This applies to California state government employees.
These California laws safeguard your right to engage in union activity, including forming or joining a union, negotiating with your employer, and participating in union-related meetings and communications. To understand more about these protections, the California Public Employment Relations Board (PERB) provides valuable information and guidance.
What Counts as Illegal Retaliation for Union Activity?
If your employer punishes you for participating in or supporting union activities, this is considered unlawful retaliation. Retaliation is not always as straightforward as immediate termination. It can also include subtle or indirect forms of punishment that negatively affect your employment.
Some common examples of retaliation in Los Angeles workplaces include:
- Being fired shortly after attending a union meeting
- Losing out on promotions because of your involvement with union efforts
- Having your work hours reduced after voicing concerns about workplace conditions
- Receiving disciplinary write-ups for actions that other non-union employees are not punished for
- Being transferred to an undesirable shift or location after openly supporting a union
- Being excluded from meetings or opportunities due to your union affiliation
- Threats of job loss or benefit reductions if you and your coworkers unionize
Even if the retaliation is not obvious, it may still be illegal under California and federal law if it is tied to your protected union activity.
What If Your Employer Claims a Different Reason for Firing You?
Most employers are unlikely to admit that union activity played a role in a termination decision. Instead, they may claim it was due to unrelated performance issues, tardiness, company restructuring, or other neutral-sounding justifications.
However, the law allows employees to challenge these claims if there is reason to believe the stated reason was a cover-up. This is known legally as pretext. If you can demonstrate that your termination or punishment was connected to your union activity, your employer could be held accountable for unlawful retaliation.
To prove retaliation, you generally need to show the following:
- You engaged in protected union activity
- Your employer knew about this activity
- You experienced an adverse employment action, such as termination, demotion, or pay reduction
- There is a connection between the adverse action and your union activity
Evidence such as timing, internal communications, differences in how similar employees were treated, and witness accounts can all be used to support your claim.
How to Respond If You Were Fired or Punished for Union Activity in California
If you believe you were terminated or retaliated against for participating in or supporting a union, taking quick and careful action is essential. There are important deadlines and legal processes that need to be followed.
Here are the recommended steps:
1. Document Everything
Keep detailed records of events, including:
- Dates and times of relevant meetings or conversations
- Emails, texts, or written communication from your employer
- Disciplinary notices or write-ups you received
- Performance reviews before and after your union involvement
- Notes about how coworkers were treated in similar situations
This documentation can help show patterns of discrimination or retaliation and support your legal claim.
2. File a Complaint with the National Labor Relations Board (NLRB)
For private-sector employees, complaints about union-related retaliation must be filed with the National Labor Relations Board. You have six months from the date of the retaliatory action to file your charge.
The NLRB can investigate your claim and, if appropriate, order remedies such as job reinstatement, back pay, or changes to workplace policies.
To start the process, you can visit the NLRB’s How to File a Charge page.
3. Public Sector Employees Should File with PERB
If you work for a public employer in California, you must file your complaint with the Public Employment Relations Board (PERB) rather than the NLRB. This agency enforces state laws that apply to public workers and provides similar protections and remedies.
Information on how to file a charge is available on the PERB Filing page.
4. Consult with a Los Angeles Employment Lawyer
Protecting your rights in the workplace can be overwhelming, especially when you are up against an employer with access to internal legal teams. At Fraigun Law Group, we work with employees throughout Los Angeles County, including those in Van Nuys, Studio City, Sherman Oaks, and nearby communities.
An experienced legal advocate can help assess your situation, gather key evidence, file the necessary paperwork with the right agency, and guide you through each step of the legal process.
Do Not Wait to Take Action
Strict filing deadlines apply to retaliation claims involving union activity. Missing a deadline could prevent you from recovering compensation or reinstatement. The sooner you act, the better your chances of success.
If you believe you have been retaliated against, fired, or otherwise punished for participating in union activity, contact Fraigun Law Group immediately. Our firm is dedicated to protecting employees and ensuring workplaces remain fair, safe, and compliant with the law.
Serving Los Angeles and Surrounding Areas
Fraigun Law Group proudly represents workers in:
- Los Angeles
- Sherman Oaks
- Encino
- Van Nuys
- Studio City
- Burbank
- Glendale
- Throughout Southern California
We focus solely on helping employees—not employers—and provide representation in matters related to wrongful termination, retaliation, harassment, wage disputes, and workplace rights.
Contact Fraigun Law Group Today
If your workplace rights have been violated, do not wait. Let Fraigun Law Group help you navigate the legal system and hold your employer accountable. Reach out today for a confidential case evaluation.
