By: Odell Law, PLC April 7, 2021

Can You Be Fired for Trying to Unionize in California?

Understanding Your Rights When It Comes to Unionizing

In decades past, labor unions were a strong force in the American economy, offering job security and improved working conditions. But in recent years, union membership has declined, often leaving employees with fewer protections in the workplace.

Efforts to reverse this trend have gained attention. For instance, the House passed the Protecting the Right to Organize Act (PRO Act) to give workers more power to unionize. While the bill has not passed the Senate, President Biden has expressed support.

Until new legislation becomes law, workers must rely on existing labor protections—namely, the National Labor Relations Act (NLRA). Unfortunately, many workers who try to form or join a union find themselves facing pressure, retaliation, or even termination.

For example, an Amazon employee made headlines after being fired for organizing a strike over unsafe working conditions during the COVID-19 pandemic.

So, can you get fired for unionizing? Legally, no—but the reality can be more complicated.

Can You Get Fired for Starting a Union?

Under federal law, employees have the right to unionize, and it is unlawful for employers to fire or retaliate against workers for engaging in union activity.

However, employers often walk a fine line between legal workplace rules and illegal retaliation. If you are fired while trying to unionize, you may have the right to file a wrongful termination lawsuit with the help of a skilled employment attorney.

Laws Related to Unionization in the Workplace

Because California is an at-will employment state, an employer can fire you for almost any reason—as long as that reason is not illegal.

However, the NLRA protects most private-sector employees from retaliation related to union activity. Under this law, it is generally illegal to fire an employee for:

Trying to organize a union
Distributing union literature
Wearing union buttons or T-shirts
Asking co-workers to sign union cards
Discussing union efforts during appropriate times

Importantly, while employers can enforce general workplace policies (like no soliciting during work hours), those rules must apply equally to all topics—not just unionization. And employers cannot ban union discussions during breaks or in non-working areas like parking lots or break rooms.

Example:

Bob works at a warehouse and helps lead efforts to unionize. His boss doesn’t support the idea and creates new rules banning non-work-related conversations. While on a break in the parking lot, Bob talks about the union. His boss overhears and fires him.

Because Bob was on break and in a non-working area, this termination may be unlawful. Bob could likely bring a wrongful termination claim for being fired due to union activity.

Can an Employer Fire You for Talking About Unionizing?

Legally, no—but employers may try to disguise their intent. Instead of openly firing someone for union activity, they may invent pretexts or subtly punish union-supporting workers.

In the Amazon example above, the company claimed the fired worker had violated COVID-19 safety protocols—possibly using that as a pretext for retaliation.

Here are common tactics employers use to avoid directly stating the real reason:

Creating or changing policies to silence workers
Demoting or reassigning vocal employees
Falsely accusing union supporters of misconduct
Threatening consequences for continued organizing
Offering bonuses or perks to discourage union participation

Example:

Chris works at a university and has consistently received positive reviews. After helping organize a union, his performance reviews turn negative. He’s then accused—without clear evidence—of misusing university materials. Chris is fired.

Given the context and timing, this may be a retaliatory firing disguised as discipline. Chris could challenge his termination under federal labor law.

How Can I Prove I Was Fired for Trying to Unionize?

Most employers won’t openly admit to firing you for union activity. However, you may still be able to prove your case by gathering evidence that includes:

Witnesses who overheard discriminatory remarks
A sudden change in performance reviews after union efforts
Emails, messages, or policy changes targeting organizing
Comparisons showing other employees weren’t punished for similar actions

Final Thoughts: Know Your Rights Before You Act

If you’re wondering, “Can you be fired for starting a union?”—the answer under the law is no. But employers may still retaliate in ways that appear legal on the surface. Knowing your rights under the NLRA is critical to protecting yourself and your co-workers.

Not all employees are covered by the NLRA (such as certain supervisors or public-sector workers), so speak with an attorney to understand how the law applies to your role.