A hundred years ago, employers violently retaliated against union organizers. Thankfully, the days of violent retaliation are gone. But many employers still harbor the same feelings toward organized labor and use any available tool to retaliate against those who participate in union activity, such as organizing, negotiating, engaging in collective action, filing a grievance, or otherwise exercising their rights as union members or workers.
The violent retaliation victims of a century ago had little legal recourse. Today’s retaliation victims can partner with the diligent Paterson, NJ union activity retaliation lawyers at HKM and obtain both compensation and justice. Our team thoroughly evaluates your case without jumping to conclusions. Then, we dig for evidence to build a foundation. Finally, when the matter proceeds to an administrative and/or judicial hearing, we do not relent until we obtain the best possible result under the circumstances.
What is Union Activity Retaliation?
Union activity retaliation is any employer adverse action against an applicant, worker, or (in some cases) former worker who engaged in protected union conduct. Protected conduct can include:
- Attempting to organize co-workers,
- Participating in collective bargaining,
- Filing union grievances,
- Attending union meetings, and
- Supporting union campaigns or strikes.
Federal law, especially the National Labor Relations Act (NLRA), protects all employees from discrimination, discharge, or retaliation by employers for engaging in these activities. Employers cannot, in any way, shape, or form, interfere with, restrain, or coerce employees in the exercise of these rights.
The NLRA guarantees private-sector employees the right to organize and engage in collective action without fear of retaliation. If your employer fired you, demoted you, reduced your hours or pay, or changed your terms of employment because of union activity, that conduct may be an unfair labor practice under the NLRA.
In addition to federal protections, if the retaliation also involves discrimination based on protected characteristics like race, gender, religion, disability, or national origin, New Jersey’s state anti-discrimination laws may also apply.
The NLRA protects most union sympathizers and private sector employees. Current union members and public employees may have additional protections through New Jersey’s labor relations statutes or administrative bodies like the Public Employment Relations Commission (PERC).
Moreover, New Jersey also prohibits retaliation when employees assert workplace rights, including union membership or complaint activity under state statutes and workplace retaliation protections.
Common Examples of Union Activity Retaliation
Union activity nonviolent retaliation can take many forms and occur at any point in the employer-employee relationship, including:
- Termination or wrongful discharge soon after union involvement,
- Demotion or denial of promotion,
- Reduction in wages or hours,
- Unjust disciplinary actions,
- Hostile work environment, and
- Reassignment to less favorable duties.
Even subtle changes in how your employer treats you after union-related activity could indicate retaliation, especially if there’s a clear connection in timing between your actions and the adverse treatment.
Why You Need a Union Retaliation Lawyer
Retaliation claims involving union activity are legally complex and often require interaction with administrative agencies like the National Labor Relations Board (NLRB) or state labor boards. Lawyers experienced in labor and employment law can:
- Evaluate Your Case: A Paterson, NJ union retaliation lawyer will determine whether your situation qualifies as retaliation under federal and state statutes. Causation (the connection between protected activity and retaliatory act) is a key issue in case evaluations.
- File Charges or Lawsuits: Depending on your case, retaliation claims may need to be filed as unfair labor practice charges or civil actions, and an attorney can handle all paperwork and deadlines. If a lawyer files an action in the wrong forum, the result could be disastrous.
- Investigate and Build Evidence: Retaliation cases often hinge on timing, communications, and employer motives. Lawyers can gather critical documentation and testimony that supports your claims and refutes possible defenses.
- Represent You in Proceedings: NLRB and other administrative agency lawyers don’t represent individuals. Your Paterson, NJ union retaliation lawyer stands up for you in administrative hearings, negotiations, and, if necessary, court litigation.
Compensation in a judicial or administrative proceeding usually includes reinstatement, back pay, front pay, emotional distress damages, and attorneys’ fees, and other remedies if retaliation is proven.
Qualities to Look for in a Paterson Union Retaliation Lawyer
Not all Paterson attorneys can handle complex union retaliation claims. When searching for a qualified lawyer, consider the following:
- Labor & Employment Law Expertise: Choose attorneys who focus on labor law, union rights, and retaliation, as opposed to general practice firms. Only lawyers with specific experience can successfully resolve your retaliation claim.
- Experience with NLRA and State Claims: Your attorney should know how to handle NLRB charges and related state administrative procedures.
- Local Knowledge: A lawyer familiar with the Passaic County legal community and New Jersey labor laws will be better equipped to navigate local procedures and courts. At the same time, these cases require attorneys with vast resources.
- Successful Track Record: Look for attorneys with positive client reviews and success in handling retaliation and union activity cases.
Many employment law firms offer free initial consultations to assess your claim before you decide to proceed.
Steps to Take if You Suspect Union Activity Retaliation
If you believe you have been retaliated against for union involvement, carefully document everything. Keep records of union meetings, communications with management, dates, and specifics of adverse actions, and any witnesses.
Next, if safe to do so, notify HR or your union representative about the retaliation. Many employers are willing to do the right thing in these situations. Or, they at least are willing to grudgingly do the right thing in order to avoid more severe consequences later.
There are strict time limits for filing retaliation claims with agencies like the NLRB and state bodies, and missing deadlines can bar your case. So, if you believe you may have a retaliation claim, a Paterson, NJ employment lawyer should at least evaluate your situation, and this evaluation should be done quickly.
Next, your attorney can help you file an unfair labor practice charge with the NLRB or the appropriate labor board if applicable.
Union activity retaliation is unlawful under federal and, in many cases, New Jersey law. If employees face retaliation after they participate in union organizing, collective bargaining, grievance actions, or other union conduct, legal remedies, including financial compensation, are available.
Rely on a Compassionate Passaic County Lawyer
Courts and administrative agencies must balance the interests of employers and employees in many cases. For a confidential consultation with an experienced retaliation lawyer in Paterson, contact HKM Employment Attorneys LLP. Virtual, home, and after-hours visits are available.