American workers occasionally take part in coordinated action such as strikes and picketing to call attention to unjust practices in workplaces. While many employees have engaged in these activities, some do not do so due to fear of termination from their jobs. However, employers cannot use a worker’s participation in a strike as a reason to terminate them. If you think you have been wrongfully terminated at work, contact an Employment law firm in Las Vegas to understand your legal options and protect your rights.
Why You Cannot be Fired for Taking Part in Picketing or Strikes
Under federal law, employers cannot retaliate against workers for taking part in organized activities such as striking or picketing. Workers can engage in these activities to seek mutual protection or aid. The National Labor Relations Act or NLRA protects these kinds of concerted activities.
Before you initiate a workplace strike, talk to a skilled employment lawyer first to understand your rights and responsibilities. Although legal strikes are protected, illegal ones are not. Also, you must review your employee manual to know if it addresses walkouts, strikes, and picketing. Legal strikes include protesting against unfair labor practices, striking to get higher wages, and protesting unsafe work conditions.
Sometimes, it can be hard to determine whether a strike is legal or illegal. In these cases, the National Labor Relations Board (NLRB) is called to determine the legality of a strike under the NLRA. Employees who have been fired due to their participation in strikes or picketing should seek help from an experienced employment attorney.
Your Rights When You Go on Strike
Going on strike due to economic reasons such as low wages is not a reason for termination. But your employer can decide to replace you. Should your boss recruit somebody as your permanent replacement, you cannot be reinstated. But if you cannot land an equivalent job that gives similar wages, your previous employer can recall you when there is an opening.
Steps to Take After Being Fired for Taking Part in Strike
If you were fired for taking part in a strike and you think the activity was legal, you may have a valid wrongful termination claim. In general, employers cannot fire workers based on their involvement in protected and organized activities for collective bargaining. As long as you take part in a legal strike, you can recover damages such as back pay, front pay, job reinstatement, and ecotonal distress damages.
