Last updated: 5/4/2020
Your right to speak up or organize at work
Can my employer fire me for asking for changes at work?
A federal law called the National Labor Relations Act (NLRA) protects workers from being fired or disciplined when they act together to change workplace problems, including trying to get their employer to take safety measures related to COVID-19. The key to this right is not to act alone. Legally, there is safety in numbers.
When does the NLRA protect me?
The NLRA makes it illegal for an employer to retaliate against an employee when:
A worker raises concerns to a supervisor about unsafe or hazardous working conditions, including the spread or infection of coronavirus, together with a co-worker or on behalf of other employees.
A worker speaks to their employer about workplace problems for another worker. An example of this is when a group of workers agrees that one of them should be the person who will speak to the boss about the problems.
Workers talk among themselves about how to deal with problems at work, if the employer finds out about it.
A worker starts a petition for changes at work, such as asking for health and safety measures.
Employees report workplace problems to the media or a government agency.
A worker takes steps to form a union with their co-workers to address COVID-19 and other workplace issues.
These are some examples of employee actions that are protected from retaliation by employers. When workers act together to improve their work-related issues, it is legally considered “protected concerted activity” that triggers the rights and benefits of the NLRA.
How am I protected from retaliation during COVID-19?
During the coronavirus pandemic, workers may decide to speak out about their concerns and problems in their workplace. For example, they may ask:
to be provided gloves and masks.
for better cleaning practices.
that the employer make changes to ensure social distancing.
to be provided paid sick leave.
for the right to be re-hired after being laid off.
for job security if they must quarantine.
about their pay.
When workers raise concerns together as part of “protected concerted activity,” their boss or employer cannot fire, discipline, threaten, or retaliate against them for that reason.
Who does the NLRA protect?
The NLRA protects most employees. However, farmworkers, state and local government employees, domestic workers, supervisors, and independent contractors are not protected by this law.
How can the NLRA help me?
If you are retaliated against for exercising your rights under the NLRA, you may have the right to get your job back, back pay, and other changes at work. Employees who do not have work authorization are also protected from retaliation under the NLRA, but the remedies available to them are different.
How do I complain when my boss violates my NLRA rights?
You have to file a complaint with the National Labor Relations Board within 6 months of the retaliation. The National Labor Relations Board is a federal agency that investigates complaints for violations of the NLRA. You start by filing a “charge form,” submitting it to the NLRB online and also providing a copy to your employer or ex-employer at the same time. For more information about the investigation process, click here. Learn more about employee rights here.