Unions protect worker rights and help them ensure a safe work environment. They can bargain for better wages and act as advocates for workers during difficult times. Companies sometimes have a negative opinion of unions, as they may increase staffing costs and could cause operational disruptions in the event of a contract dispute.
Unions can form in almost any industry, from medicine to retail. While employees do have the right to unionize, many non-union employers try to discourage their employees from communicating with existing unions or attempting to start their own.
Technically, attempting to unionize is a protected activity that should not result in any sort of employer punishment. Unfortunately, employers sometimes target the workers involved in organizing with their co-workers. Mass firing during organizing efforts can be a form of retaliation.
Employer retaliation is illegal
Federal laws clearly protect the right to unionize. They also prohibit employers from retaliating against workers when they assert their employment rights. Companies may attempt to hide retaliatory terminations by claiming they must downsize or referencing paper-thin excuses for widespread terminations.
The decision to fire those involved in unionization efforts could constitute unlawful retaliation — especially in scenarios where the company proceeds to hire new employees to replace the ones let go. In cases where workers can prove that a company illegally terminated them, they may be able to file a wrongful termination lawsuit.
Obtaining legal guidance to review unionization efforts and the company’s explanation for terminations could help workers determine if they are in a position to take legal action. A wrongful termination lawsuit can lead to financial compensation or sometimes even reinstatement to a position.