Retaliation after filing a complaint against your employer
You have the right to join or not join with coworkers.
If you believe your rights have been violated by your employer or union, you should contact the National Labor Relations Board (NLRB) as soon as possible. You will be able to speak with an NLRB agent and ask about possible violations. Your employer, union, or others won’t be told about your inquiries. If you choose, you may file an unfair labor practice charge saying that your employer or union violated your rights, or the rights of other workers. There is no cost to file an unfair labor practice charge, and you don’t need a lawyer. At this point, a copy of the charge will be sent to your employer or union.
It is illegal for your employer to retaliate against you for filing charges or participating in an NLRB investigation or proceeding. Your employer may not discharge or otherwise discriminate against you for:
- announcing an intent to file a charge,
- providing information or giving sworn statements to a Board agent investigating a charge,
- refusing to disclose the identity of a charge-filing coworker,
- talking to coworkers about future testimony, or
- refusing to testify voluntarily on their behalf.
Additionally, you may not be discharged or otherwise discriminated against because your employer suspects or believes, correctly or not, that you filed or were about to file a charge.
Questions? We’re here to help.
The NLRB is a Federal agency that protects your right to join together with other employees to improve your wages and working conditions, with or without the help of a union. For assistance, please call:
- 1-844-762-NLRB (1-844-762-6572)
Spanish assistance is available.
Learn about filing a complaint
We’ll help you decide what to do next and determine whether filing a charge or petition is the best course of action. You must file within six months of the alleged violation to take further legal action, so it is best to begin the process early.
Please note that it is illegal for your employer to fire, demote, harass, or otherwise retaliate against you for reporting an issue to the NLRB.File with NLRB