Employees in Florida have the right to organize, bargain collectively, and participate in labor organizations as they choose – or to refrain from such activity. Employers who retaliate against workers by denying promotions, making undesirable job transfers, or terminating employment may be compelled to compensate employees they have treated unfairly.
State and federal laws protect workers who assert their labor rights and provide the means to punish employers who retaliate against them. If you’ve been the target of retaliation because of a legally protected action such as unionizing or demanding the wages you are due, a Tallahassee employee retaliation attorney with Cruz Law Firm, P.A., can help you pursue an unlawful retaliation claim against your employer.
Cruz Law Firm has a record of aggressive advocacy and securing justice and accountability in the workplace for workers in Florida. Our seasoned attorneys at Cruz Law Firm have litigated more than 100 labor and employment rights cases at trials in state and federal courts. If you believe your employer has retaliated against you for unionizing activities, reach out to Cruz Law today. Schedule a no-obligation consultation about how a Tallahassee unfair labor practices lawyer can help you seek financial compensation and hold your employer accountable for their wrongful conduct.
Understanding Unfair Labor Practices in the Workplace
The rights of most workers in the private sector to organize and bargain collectively with their employers are protected by the National Labor Relations Act. Conduct by employers or unions that violates the rights that the NLRA protects is considered unfair labor practice.
Under the NLRA, it is illegal for an employer to:
- Prohibit workers from soliciting for a union or distributing union materials during non-work hours, such as before or after shifts or during breaks, or in non-work areas, such as break rooms or parking lots.
- Question employees about union activities in a manner meant to discourage such activities.
- Transfer, demote, fire, change shift, or reduce hours of an employee or threaten other adverse action against an employee for taking part in union activity or for not taking part in union activity.
- Threaten to close a workplace if employees unionize.
- Promise or grant pay raises, promotions, or other benefits to discourage or encourage union support.
- Prohibit wearing union pins, buttons, hats, or t-shirts in the workplace except under special circumstances.
- Spy on or videotape peaceful union activities or pretend to do so.
The NRLA applies to most private-sector employees. It does not cover:
- Public-sector employees
- Agricultural and domestic workers
- Independent contractors
- Workers employed by a parent or spouse
- Air and rail carrier employees covered by the Railway Labor Act
- Supervisory personnel.
Recognizing Unfair Labor Practices in the Workplace
It is an unfair labor practice for an employer:
- To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by the National Labor Relations Act, including the right to:
- Self-organization
- Form, join, or assist labor organizations
- Bargain collectively through representatives of their own choosing
- Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection
- Refrain from any or all of such activities.
- To interfere with the formation or administration of any labor organization or interfere with the financial support of a labor organization.
- To encourage or discourage membership in any labor organization by discrimination in regard to hiring or tenure of employment or any term or condition of employment.
- To discharge or otherwise discriminate against an employee because he or she has filed charges or given testimony in a case alleging violation of the NLRA.
- To refuse to bargain collectively with authorized representatives of their employees.
It is an unfair labor practice for a labor organization or its agents:
- To restrain or coerce employees regarding the exercise of the rights guaranteed by the NLRA, including the right to:
- Self-organization
- Form, join, or assist labor organizations
- Bargain collectively through representatives of their own choosing
- Engage in other activities for the purpose of collective bargaining or other mutual aid or protection
- Refrain from any or all of such activities.
- To cause or attempt to cause an employer to discriminate against an employee in a manner that constitutes an unfair labor practice.
- To discriminate against an employee whose membership in the labor organization has been denied or terminated on some ground other than failure to pay required dues or fees.
- To refuse to bargain collectively with an employer.
- To engage in, or to induce, or encourage a strike or a refusal to work.
- To force collective bargaining by an employer or to threaten picketing against an employer whose employees are lawfully represented by a different labor organization.
Taking Action Against Unfair Labor Practices
If you believe that your employer or a labor organization has retaliated against you for actions you have taken that are protected by the National Labor Relations Act, an unfair labor practices lawyer with Cruz Law may be able to help you file a charge against the employer or labor organization with the National Labor Relations Board or file a federal lawsuit.
The NLRB investigates charges by gathering evidence, which may include sworn statements from parties and witnesses. In most cases, the parties come to an agreement that settles the charges.
A Cruz Law attorney can help you gather information to support your NLRA violation charges and help you present your case. If the results of the NLRB investigation and/or settlement offers are not satisfactory, we may be able to take your case to court to seek the full compensation and injunctive relief available.
Effects and Repercussions of Unfair Labor Practices
If the National Labor Relations Board investigation finds that an employee has suffered retaliation for protected activity, it often seeks back pay for any period of unemployment, as well as payment of dues, fines, or other costs. If an employee has been illegally fired for taking part in protected activity, the NLRB typically seeks an offer of reinstatement from the employer.
If your employer retaliates against you for engaging in activities protected by the NLRA, you may be able to file a lawsuit seeking an injunction ordering the employer to cease illegal activities and demanding compensation. Such a claim may demand:
- Back pay, including wages/income, overtime, bonuses, commissions, and the value of fringe benefits lost because you were terminated or subjected to other adverse employment actions.
- Pay you would have likely earned if you had not been terminated, denied a promotion, or denied other work opportunities.
- Reasonable search-for-work expenses.
- Other direct or foreseeable economic losses resulting from the employer’s violations.
- Injunctive relief, such as requiring your employer to reinstate you to your previous position if you were wrongfully discharged or reassigned.
- Punitive damages which are meant to punish an employer for their actions and serve as notice to others that such acts will not be tolerated.
- Payment of your legal expenses for your claim as well as for any underlying legal claim that led to the retaliation.
Talk to a Tallahassee Unfair Labor Practices Lawyer
If you believe your employer has retaliated against you for activities that the National Labor Relations Act legally protects, such as labor organizing activities, an unfair labor practices lawyer with Cruz Law can help you. You may be able to pursue unfair labor practice charges against your employer or a lawsuit to make you financially whole.
Our seasoned attorneys have more than 18 years of combined legal experience and a track record for prevailing in many of Florida’s toughest employment-related lawsuits. We stand up for workers’ rights by serving clients in Tallahassee, Jacksonville, and throughout the Florida Panhandle. Contact Cruz Law Firm for a confidential consultation about your legal options and how we can protect your rights during this difficult time.