Businesses may need to adjust their workforces for a variety of reasons. In some cases, companies terminate numerous workers at once when they restructure. The elimination of a third shift or the closure of one location could result in dozens of people losing their jobs at once.
Other times, employers let individuals go based on their job performance or disciplinary issues. In some cases, the workers terminated in targeted firings or mass layoffs may allege that the company engaged in union-busting and wrongfully terminated them.
Are employers at risk of regulatory violations and lawsuits if they terminate workers who may have attempted to unionize?
Retaliation for unionizing is illegal
Union-busting refers to company conduct intended to punish attempts to organize with other workers and deter employees from unionizing. Many large businesses face accusations of union-busting after large-scale staff reductions.
However, organizations do not have to delay terminating problem workers simply because of their involvement in union or labor organizing activities. For example, if workers disclose non-public information about the company to outside parties, the business may be able to justify terminating those workers for disclosing trade secrets.
Generally speaking, employers intending to terminate workers involved in unionizing or other labor organization efforts need to document the basis for those decisions carefully. Companies facing controversy over employment and staffing choices may need help responding to allegations of union-busting or other forms of retaliation.
Having support when making staffing and restructuring decisions can limit the likelihood of workers bringing wrongful termination lawsuits that may also damage a company’s reputation with consumers and other talented professionals.