Employees often fear that standing up for their rights could lead to punishment from their employer. At Allred, Maroko & Goldberg Law, we want every worker to know that federal law offers powerful protections against employer retaliation. Whether you belong to a union or not, the National Labor Relations Act (NLRA) safeguards your right to discuss workplace conditions, report unsafe practices, and act together with coworkers for mutual benefit.
Understanding Your Rights Under Federal Law
Under the NLRA, employees are protected when they participate in activities related to improving their workplace. This includes union organizing, collective bargaining, and even informal discussions about wages, hours, or conditions. These rights apply to most private-sector workers, regardless of immigration status or job level.
The National Labor Relations Board (NLRB) enforces these protections. When an employer retaliates against a worker for exercising these rights, the NLRB can investigate and require the employer to reverse their actions, compensate lost wages, or reinstate employment.
What Counts as Protected Activity?
Protected activities are those that involve employees joining together to voice concerns or advocate for change. Examples include:
- Speaking with coworkers about wages or working conditions
- Refusing to perform unsafe or unlawful work
- Reporting harassment or discrimination
- Supporting or participating in a union organizing campaign
- Requesting reasonable accommodations for disability or religious practice
- Filing or assisting with workplace complaint or grievance
- Join or assist a labor organization
- Participate in legal investigations or hearings
- Refuse to violate discrimination law
If an employer takes negative action — such as demoting, firing, or harassing an employee — after such an activity, it may qualify as an unfair labor practice under the law.
Signs of Employer Retaliation
Retaliation isn’t always obvious. Sometimes it begins subtly. Common warning signs include:
- A negative performance review after reporting an issue
- Denial of a promotion or an unjustified disciplinary action
- Reduced hours, undesirable shifts, or loss of responsibilities
- Social or professional isolation from coworkers
- Termination following lawful participation in a complaint or grievance
Employers often disguise retaliation as legitimate management action, but the timing and pattern of events can reveal their true motive.
When to Contact Your Union Representative
If you believe you are being retaliated against, your union representative may become one of your strongest allies. A representative can help you:
- File a formal grievance or complaint
- Record and preserve evidence of retaliation
- Request representation in disciplinary meetings
- Ensure your employer follows the collective bargaining agreement
Even if you are not a union member, you still have the right to seek help. Non-union workers can file a complaint directly with the NLRB or consult an employment law attorney to explore available legal options.
Federal Protections Beyond the NLRA
In addition to the NLRA, several other laws protect employees who take lawful action to improve their workplaces:
- The Occupational Safety and Health Act (OSHA) protects workers who report unsafe or unhealthy conditions.
- The Fair Labor Standards Act (FLSA) prohibits retaliation for wage, overtime, or hour-related complaints.
- The Family and Medical Leave Act (FMLA) protects employees taking approved medical or family leave.
- The Americans with Disabilities Act (ADA) and Civil Rights Act safeguard against retaliation after reporting discrimination or requesting accommodations.
These laws work together to ensure that no employee has to choose between keeping their job and defending their rights.
How to Document and Report Retaliation
Proper documentation is essential when proving retaliation. Take these steps immediately if you suspect unlawful treatment:
- Document every incident. Keep a detailed record of all communications, performance reviews, and disciplinary actions.
- Save all written evidence. Keep emails, text messages, and HR communications.
- Contact your union or legal counsel. A union representative or attorney can help interpret the evidence and advise on next steps.
- File formal complaints. Depending on your case, this may be done with the NLRB, EEOC, or state employment agency.
- Avoid improper conduct yourself. Continue performing your duties properly to avoid giving the employer a pretext for disciplinary action.
How AMG Law Helps Protect Workers
The attorneys at Allred, Maroko & Goldberg Law have extensive experience representing employees who’ve been punished for exercising their legal rights. Whether your employer violated the NLRA, ADA, or other federal laws, we can help you pursue justice and compensation.
Our firm provides confidential consultations to evaluate your case and determine whether retaliation occurred. We understand that coming forward can be intimidating — that’s why our legal team handles each matter with discretion, compassion, and strength.
If you’ve faced retaliation for protected activity, reporting misconduct, or standing up for your rights, contact Allred, Maroko & Goldberg Law at 213-561-3100 for a free consultation. Our experienced attorneys will protect your rights and hold your employer accountable.