Retaliation after filing a charge against your employer

I was threatened after filing a complaint against my employer with the NLRB

You have the right to join with coworkers to address conditions at work.

It is illegal for your employer to retaliate against you for filing charges or participating in an NLRB investigation or proceeding. Your employer may not discharge or otherwise discriminate against you for:

  • announcing an intent to file a charge,

  • providing information or giving sworn statements to a Board agent investigating a charge,

  • refusing to disclose the identity of a charge-filing coworker,

  • talking to coworkers about future testimony, or

  • refusing to testify voluntarily on their behalf.

Additionally, you may not be discharged or otherwise discriminated against because your employer suspects or believes, correctly or not, that you filed or were about to file a charge. In response to union organizing, an employer cannot:

  • Fire, demote or transfer employees for expressing pro-union views or reward employees for expressing anti-union views.

  • Impose new paperwork requirements to maintain employment.

  • Contact law enforcement, including ICE.

  • Reduce pay, hours or benefits.

  • Make work more difficult or less desirable—like changing work schedules, denying overtime or separating employees.

  • Tell employees that it's pointless to choose a union.

  • Hire third parties to do or say the things that it is prohibited from doing and saying.

If you believe your rights have been violated by your employer, you should contact the National Labor Relations Board (NLRB) as soon as possible. You will be able to speak with an NLRB agent and ask about possible violations. Your employer won’t be told about your inquiries. If you choose, you may file an unfair labor practice charge saying that your employer violated your rights, or the rights of other workers. An organization or friend/relative can also file a charge on your behalf. There is no cost to file an unfair labor practice charge, and you don’t need a lawyer. After a charge is filed, a copy of the charge is sent to the employer.

You have the same rights as all covered employees under the National Labor Relations Act regardless of your immigration status, including protection against retaliation. This includes retaliation based on your immigration status, such as threats to call immigration authorities. NLRB staff will not ask about your immigration status to prove violations of the National Labor Relations Act.

If an employer is interfering with your right to form, join or assist a union, you can file an unfair labor practice charge with the NLRB. We have interpreters available.

Find your local NLRB office: bit.ly/NLRB
Call us: 1-844-762-6572
Email us: publicinfo@nlrb.gov
File a charge: bit.ly/FileACharge
More information at nlrb.gov

American Job Centers (AJCs) provide free help to job seekers for a variety of career and employment-related needs. Nearly 2,300 AJCs, funded by the U.S. Department of Labor’s Employment and Training Administration, are located throughout the United States.

 

By law, employers cannot retaliate against a worker by cutting work hours or wages, disciplining or firing them, or by trying to punish them in any way for trying to form or join a union. A private-sector worker who believes their employer has violated their rights should contact the NLRB as soon as possible and speak with an NLRB agent to discuss their concerns. If needed, a worker may file – at no cost – an unfair labor practice charge alleging that their employer violated the law. Workers do not need a lawyer to file a complaint. Once filed, the NLRB will send a copy of the charge to the employer. The law protects workers and holds employers liable if they retaliate against workers who file charges or take part in an NLRB investigation or proceeding. Contact the NLRB at 1-844-762-6572. An employer who has broken the law may be required to pay back wages and other related expenses.

More information is available on worker.gov: Retaliation after filing a charge against your employer – Worker.gov

It is illegal for employers to retaliate against any worker, including an immigrant worker, for trying to form or join a union. Immigrants working for private employers who believe their employer has violated these rights should contact the National Labor Relations Board at 1-844-762-6572 for assistance in filing an unfair labor practice charge. They may also contact their closest NLRB Field Office or submit a charge on the NLRB’s website. Charges must be filed with an NLRB Field Office within six months of the potential violation. If a worker has filed a charge or has witnessed the alleged violation – and the worker or their representative tells the NLRB that immigration relief is needed to protect workers exercising their rights – the NLRB will consider seeking immigration relief for employees at that worksite. This relief may include deferred action, parole, U or T visa status, or other relief.

The Department of Labor’s mission and enforcement depends on the cooperation of workers. DOL has published an FAQ on its process for requesting DOL support for requests to the Department of Homeland Security for immigration-related prosecutorial discretion, such as deferred action, during labor disputes. Read more in this FAQ.

In three out of four worker organizing drives, employers hire outside consultants to engage in anti-union campaigns or “persuader” activities, in response. In nine out of 10 anti-union campaigns, employers hold mandatory “captive audience” employee meetings, where employers emphasize their anti-union views. Current labor laws do not give union supporters equal time at these meetings to present their views. While these meetings are common, they may or may not be legal. The NLRB enforces workers’ organizing and bargaining rights, and answers questions about whether an employers’ activities are legal. Contact the NLRB at 1-844-762-NLRB.

When employers hire outside consultants to run anti-union campaigns, the employer and the consultants are legally required to file public reports. The department’s Office of Labor Management Standards collects and publishes these reports online. OLMS also offers a tip line for reporting non-compliance with the persuader reporting requirements.

 

File a complaint with the National Labor Relations Board (NLRB)

Additional Resources

Questions? We’re here to help

The National Labor Relations Board (NLRB) is a federal agency that protects your right to join together with other employees to improve your wages and working conditions, with or without the help of a union. For assistance, please call:

1-844-762-NLRB (1-844-762-6572)

Spanish assistance is available.

Callers who are deaf or hard of hearing who wish to speak to an NLRB representative should send an email to relay.service@nlrb.gov. An NLRB representative will email the requestor with instructions on how to schedule a relay service call.

Need more information?

The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.