Employment Law Questions? Ask an Employment Lawyer.
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It's possible that your employer could discipline or even fire you, but that would be ill advised. The National Labor Relations Act (NLRA)guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity. Employees covered by the NLRA are protected from certain types of employer and union misconduct. Now while that act is best known as an act protecting union formation, it extends beyond union employees and also affects non-union employees. Employees who are not represented by a union also have rights under the NLRA. Specifically, the National Labor Relations Board protects the rights of employees to engage in “concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action.
A few examples of protected concerted activities are:
Under the NLRA, it is illegal for your employer to: XXXXX XXXXX or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.
Again, while this typically takes place with union situations, it's ANY type of concerted activities for mutual aid and protection, so even coming to the defense of one employee could be seen as that.
Now note that they COULD still terminate you. It would probably be illgeal, and any action taken against you should be reported and complained about to the National Labor Relations Board (process here: http://www.nlrb.gov/resources/nlrb-process)
But if they were to take action against you, that would probably be penalized by the NLRB, and as such, if they have a halfway decent legal department, they almost certainly wouldn't do anything out of fear of that law.
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