According to the National Labor Relations Act (NLRA), discrimination against an employee for the purpose of discouraging or encouraging unionization is an unfair labor practice. Interestingly, any two or more unaffiliated employees who engage in activities may qualify to serve the purpose of Section 8(a)(3) of the NLRA, even if there is no formal organization which they are specifically acting on behalf of. Whether in regards to hire, tenure or any other term or condition of employment, the employer cannot commit this type of discrimination. The San Diego discrimination attorney has been defending California employees who have suffered similar discrimination issues for over a decade.
It can be very difficult for employers to prove no link exists between an act of discipline toward an employee who broke a work rule and the fact that this employee participated in a union activity. Until the employer can prove such discipline would have taken place even if the employee had not participated in the union activity, it remains an unlawful punishment. Contact a San Diego discrimination attorney if you participated in a union activity and, consequently received an unlawful punishment from your employer.
Many employees who consult a San Diego discrimination attorney are unclear what exactly constitutes a violation of the NLRA. Here are a few common violations: firing, suspending or demoting an employee because he/she urged other employees to join a union; granting seniority to those who replace employees participating in a legal strike; and refusing to hire qualified applicants as a result of them belonging to a union. These are just a few examples out of many which a San Diego discrimination attorney can help defend you against in order to recover the compensation you deserve.
Contact the San Diego discrimination attorney with questions or concerns.