#Union #Unemployment #WorkerRights 🤝
Hey everyone! I need some advice here. So, I got reported for talking about unions in our workplace chat, and now I have a meeting scheduled with my bosses tomorrow. Do you think I’m going to get fired? What’s your take on this situation?
Here’s a quick rundown:
– Chat logs revealed my support for unionizing due to long hours caused by under-staffing.
– Meeting tomorrow with my boss, her boss, and the head of the department.
I’m curious if I’ll be eligible for unemployment if I do get fired. Any thoughts on that?
Possible solution:
– Be prepared for the meeting with facts and data about the benefits of unionizing.
– Consult with a labor rights or employment attorney for advice.
– Document any instances of unfair treatment or retaliation.
What do you think? Any suggestions or similar experiences to share? Let’s discuss and support each other! 💬🤔
If you live in a state where one-part consent is legal for recording audio, then record the meeting on your phone (surreptitiously).
Edit: Also, save those chat logs! To your personal e-mail or thumb drive or cloud or wherever, *not* to a work-related account.
If they fire you tell them to fuck off and rally the troops to walk away too..
Gather evidence and check with a labor lawyer what you can do about.
Record the meeting and prepare to file an NLRB complaint because that’s illegal as hell and you’ll end up getting at least back pay for however long you are unemployed.
Good luck, OP. Keep us posted
!RemindMe 48 hours
Yeah, jobs don’t like it when you do that. Try for unemployment anyway.
NLRB.
Record everything
Be careful about recording laws. Could backfire. State laws differ.
The NLRB recently ruled you can record your bosses bullshit regardless of the recording statue as long as you are engaged in protected concerted activity (talking about union is covered).
If they so blantly fire you, record file a charge with the NLRB. Cooperate with them give them all evidence have a witness if you can give testimony and be patient this is a slow af process.
You’ll get backpay up until you get a job offer from them to restore your position they want you to say no so they can have a stop loss on back pay. If you work during this you’ll only be awarded the difference in pay between job a and job b if job b pays less.
If you get fired, you do not get unemployment.
You are 99% getting fired, at best they will tell you to stop with the union talk. Record the meeting if legally allowed.
Even if you live in a two party state, bust out your recorder. “Just so the record is clear, I would prefer to record this meeting.”
Pretty straightforward civil lawsuit tho. Firing people for union organizing activity is cut and dry to my awareness. One of the few things they can’t shitcan you for.
Record all meeting
In this case, I would be calling Labor Lawyers and possbily see if I can retain one at the very least to represent me at this meeting. Your boss will think 7 times if you show up with a lawyer.
Hey, I got fired for making noises about inequities in pay and discussions of unionizing last year. File for unemployment, but anticipate that you might be denied unemployment (in my case, my previous employer lied to the employment services people about why I was fired, leading to an initial denial. companies lose a little money when prior employees get unemployment benefits, and they’re all money-grubbing. I did win the appeal, but it took MONTHS).
IN RETROSPECT VERY IMPORTANT: I wish I had documented way more things. RIGHT NOW save any emails or documentation or chat logs or ANYTHING you have from your work computer (assuming you have one??) because if you get fired, you’ll lose access to it all. Same for any pertinent text messages, screenshot and save them all for the future.
Technically you can sue for wrongful termination (trying that out right now) if you get fired for unionizing or discussing unionization, the issue is finding a lawyer who specializes in employment law for plaintiffs (employees). We had already reached out to a union rep to discuss what unionizing would look like, and they actually pointed us in the direction of a lawyer they recommended, so that might be a way to find someone if you want to pursue that avenue.
Don’t quit; you don’t qualify for unemployment if you quit/resign.
Beyond firing– you might be put on administrative leave, or if the company is a bit more devious you might be put on some type of performance improvement plan with the goal of shuffling you out more quietly in the near future for failure to “improve”.
Even though I anticipated getting fired once I was on administrative leave, it was still a real shock and a blow to my system, after several years of putting blood sweat and tears into an organization and believing in the mission (nonprofit). If it does happen – it’s a complicated kind of grief and loss, so even if you’re like “fuck those people!” it’s normal to be upset when you’re screwed over. be gentle with yourself.
Record the meeting. If you’re in a two-party consent state, inform them inform them at the start, but insist that the meeting be recorded. If they don’t want to be recorded, they can leave the meeting 🤷🏻♂️
Nice!
Document everything. If you’re in a one party consent state, record everything secretly and test whatever you’re using to record everything ahead of time.
If you’re *not* in a one party consent state, *do it anyway.* How valid that is for legal review depends; I’m genuinely unsure if the boundaries are waived when you suspect a crime (which *you do*). Do your own research and decide; worst case scenario you can always say “hey I just wanna make sure I don’t forget anything we talk about.” Likewise, *write out notes of what you talk about,* and after you get shitcanned it’s good to email them back from a personal email to get redundant documentation of all the illegal shit they’re about to do.
They’re gonna fire you? Let them bring stuff up and ask if it’s because you were talking about unions. Ask if it’s because you talked about wages.
It’s illegal to fire or even reprimand you for either; if they’re stupid enough to confirm it you send that proof to the DOL and the NLRB. If they’re smart enough to be evasive? *Ask* if it’s retaliation. “I’ve never had any complaints before. Are you sure I’m not being fired because I started talking about unions?”
Your job is lost; bummer. There are financial damages potentially owed to you if they do this, and above and beyond there are also legal and financial penalties that need to be inflicted on them until they start following *the bare minimum legal standard.*
Call a labor attorney before you even go to work. Consider having them present.
In mass I think union busting is an automatic union.
Thing is if it’s not recorded or witnessed they can say it’s about whatever.
If you’re in a one party consent state, you must secretly audio record this meeting. It will be your evidence for wrongful termination lawsuit or unemployment.
They can’t stop you from talking about unions. You could have a lawsuit if they terminate you. Remember employment lawyers work on contingency.
Since you’re getting fired anyway, you should reach out to a local union and see if they can provide a lawyer.
I got $20 CAD on unemployment
Send the chat logs to your personal email. They will wipe them once you are let go.
Remember folks, DOCUMENT EVERYTHING
Let us know what happens.