Were You Fired After Trying To Unionize Your Workplace?

Michigan played a key role in the American labor movement during the mid-20th century. Demonstrations like the Flint Sit-Down Strike in 1936-1937 forced companies to recognize labor unions like the United Auto Workers (UAW). As unions grew, they helped increase prosperity across the state. They also inspired the spread of unions across the country, improving working conditions and pay for millions of workers.

This legacy of union solidarity remains strong in Michigan communities, despite declining membership and support in the late 20th century and early 2000s. In 2023, Michigan became the first state to repeal its “right-to-work” law, which had taken effect in 2012 and dramatically reduced unions’ bargaining power.

Now, workers across many industries are pushing back against the “gig economy,” incremental wage theft, and corporate strong-arming. A Gallup poll released on September 1, 2026, revealed that American support for unions is higher than it has been since the 1950s. Workers are forming new unions, organizing their workplaces to join existing unions, and speaking out against powerful corporate interests.  

Employers have strongly resisted workers’ efforts to unionize or increase the power of existing unions. Although state and federal laws protect workers from retaliation for participating in union activities, many employers continue to exploit desperate workers and punish those who advocate for their rights.  

If you’ve been terminated, demoted, disciplined, or subjected to other retaliatory actions as a result of union-related activity, consult with an experienced workers’ rights attorney. The team at Sommers Schwartz, P.C. can help you understand your options. We will help you fight for your own rights and those of your fellow workers.

The NLRA: Federal Protections for Union Activities

The National Labor Relations Act (NLRA) is a federal law protecting the rights of all employees to participate in union activities. It protects employees from employment discrimination, wrongful termination, and other types of retaliation. This law applies to most private sector employers, including manufacturers, retailers, private universities, and health care facilities. 

The NLRA gives employees the right to:

• Organize a union to negotiate with an employer.
• Distribute union literature.
• Wear union buttons or t-shirts.
• Ask co-workers to sign union authorization cards.
• Discuss unionization with co-workers.
• Discuss wages, benefits, or working conditions with co-workers.

Employers cannot fire, demote, suspend, or otherwise punish workers for exercising their NLRA rights. In addition, employers cannot threaten employees with job loss if they decide to join a union or engage in union-related activities, including organizing or participating in a strike.

The National Labor Relations Board (NLRB) publishes helpful resources for employees, including many examples of employer conduct that would violate the NLRA. These include:

• Firing, suspending, or demoting workers because of union support.
• Cutting hours, changing shifts unfavorably, or reassigning workers as punishment.
• Threatening employees or closing a facility to discourage unionization.
• Interrogating workers about union sympathies in a coercive way.
• Promising employees benefits if they resist unionization.
• Photographing or recording employees engaged in union activities.

The NLRA does not apply to federal, state, or local governments; employers who employ only agricultural workers; and employers subject to the Railway Labor Act (interstate railroads and airlines). However, Michigan’s Public Employment Relations Act (PERA) gives similar protections to many state employees.

How Do I Prove Retaliation for Union-Related Activities?

In most cases, an employer won’t tell an employee they are being fired for trying to organize a union or for engaging in protected activities. Proving wrongful termination or retaliation involves linking individual facts into a series of events that may indicate wrongdoing. For example:

• Jane is fired on Monday morning, with “poor performance” cited as the reason for her termination. She was written up for tardiness once a few years ago, but has no other documented disciplinary actions. However, she posted a video of herself attending a protest in support of unionization over the weekend on her public social media page.

• John has been working with his company for twelve years and has steadily advanced. His performance reviews have been consistently excellent. However, in the last few months, he has been working with a pro-union organization to distribute information about starting a union. This year’s review noted he has been “disruptive” and is “bringing down morale in the workforce.” He was passed over for promotion, despite meeting his performance goals.    

In both cases, the employee’s union-related activities coincide with adverse employment actions. However, to prove an employer violated the law, an attorney must build a strong case that the adverse actions were “more likely than not” related to the employee’s protected activity rather than the employer’s claimed (“pretextual”) reasons.

Often, this involves gathering information and evidence about the employee’s work history and performance, testimony from other workers, documents and testimony from the employer, and publicly available information. Although the process can be challenging, an experienced attorney can help you navigate the system and stand up for your rights.

Pursuing Justice and Compensation for Illegal Retaliation

If you believe you were wrongfully terminated due to union-related activities, consult with an experienced Michigan employment attorney immediately. A lawyer can help you understand how to pursue justice and compensation. In many cases, you have a short window of time to begin this process, so don’t delay.

One potential course of action is filing a complaint with the NLRB, the agency responsible for enforcing labor relations laws. The NLRB will investigate your claims and the evidence supporting them. If it determines that your employer violated the law, it may award you damages. Such an award can include reinstatement to your rightful position and compensation for any losses you suffered (such as lost wages or other expenses).

If you’re a Michigan public employee, you may be able to file a claim with the Michigan Employment Relations Commission (MERC). This state agency will investigate your claim and may refer it to an Administrative Law Judge. An attorney can help ensure you meet the deadlines and procedural requirements for pursuing this type of claim to preserve your rights.

Another option may be to pursue a lawsuit for employment discrimination or wrongful termination. An experienced attorney can help you understand your options and pursue the best course of action for your situation.

Sommers Schwartz, P.C., Fights for Employees’ Rights

If you’ve been discriminated against, disciplined, terminated, or suffered other adverse consequences at work after organizing a union or engaging in union-related activities, you need a lawyer. Contact a Sommers Schwartz, P.C. employee-rights attorney today to schedule a free, no-obligation, confidential consultation.