Are employers allowed to terminate employees for engaging in union activities?

In California, the answer to this question is not so straightforward. Generally speaking, employers are not allowed to terminate employees for engaging in union activities. This is because the National Labor Relations Act (NLRA) and state labor laws protect the rights of employees who choose to participate in union activities or otherwise engage in “concerted activity” in the workplace. However, employers are allowed to discharge employees for other reasons, such as misconduct or performance issues, even if the employee is engaging in union activities. In California, it is illegal for an employer to terminate an employee due to union activities, unless the employer can demonstrate the termination had nothing to do with the union activities. Employers found to have violated this law can face fines and other penalties, such as having to reinstate the employee. Additionally, an employer in California cannot discriminate against employees for engaging in union activities. In summary, employers in California cannot legally terminate employees for engaging in union activities. If an employee believes they have been wrongfully terminated due to their involvement in union activities, they can file a complaint with the California Labor Commissioner’s Office.

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