Discussing the issues you face in the workplace or advocating for better conditions with the help of your coworkers – also known as “concerted activity” – is a vital way to improve your workplace. This can include union activity as well as other conversations, and the law offers protection to workers in many situations. What should you know about your rights?
What actions does the law protect?
Many of the ways you try to improve working conditions for yourself or your coworkers fall under the category of protected concerted activity. This includes acting with other employees as well as taking action individually to improve your workplace for the benefit of others. Some examples include:
- Discussing your pay or benefits with coworkers
- Discussing your working conditions, including handing out leaflets outside of working time to raise awareness of workplace safety concerns
- Refusing to use unsafe equipment or walking off the job as a form of protest against unsafe conditions, but only in situations of eminent danger
- Using petitions or gathering employees together to advocate for better pay, increased safety or other improvements
- Using social media to discuss workplace issues, including posts that are visible to the public, provided the company’s products are not disparaged and there are no personal attacks against company personnel – it must be limited to wages, hours, and working conditions
- Speaking to the media or making public statements about safety concerns, wages, hours, or working conditions
- Reporting unsafe conditions or fraud to government agencies
- Discussing, organizing, or joining a union or professional organization
The National Labor Relations Act (NLRA) protects your right to engage in these activities, and your employer is prohibited from punishing you for taking these actions or offer rewards to coerce employees to cease such conduct.
What actions are not protected concerted activities under the NLRA?
The National Labor Relations Act protects many of the things that you may discuss with your colleagues to improve your time on the job. However, this law does not cover every action you might take. Some unprotected actions include:
- Acting offensively or abusively toward coworkers or supervisors
- Making complaints about your supervisor, either in person or on social media, without linking those complaints to an employee concern
- Knowingly spreading false information about the company
- Disloyalty – disparaging the company or its products, whether or not the comments are true
- Publicly putting down your company without connecting those criticisms to labor issues
While these actions – like protected concerted activities – involve discussing your workplace, they are not necessarily aimed at improving workplace conditions. As a result, your employer could demote you, terminate your employment or otherwise punish you without violating the NLRA.
What can you do if you engaged in protected concerted activity and your employer punished you?
Some employers may try to silence employees even when this retaliation violates the law. If you lost your job, experienced a demotion, received threats or experienced other punishment from your employer for your actions – or if your employer offered incentives to try to prevent unionizing or other protected activities – you can still fight for justice.
Discussing your situation with a skilled employment law attorney could help you understand whether your employer has violated the NLRA. By working to understand your rights and protections in the workplace, you can take action to improve conditions on the job and protect your long-term success.