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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
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Experience:  Licensed Texas General Practice Attorney
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I work for Harris Teeter and recently a poor business decision

Resolved Question:

I work for Harris Teeter and recently a poor business decision was made to move a coworker to anothwr location. Numerous employees are outraged by this and we have put together a petition to appeal this decision. Our plan is to get as many employees to sign it as possible and then send it to our president. My question is what kind of trouble could we get in? Some ppl are nervous to sign. Could we be fired?
Submitted: 10 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 10 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

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:



  • Two or more employees addressing their employer about improving their pay.

  • Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.

  • An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

ScottyMacEsq :

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.

ScottyMacEsq :

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.

ScottyMacEsq :

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)

ScottyMacEsq :

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.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Hello?

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11709
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 6 other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
What if we just sent the email to the president of our company on this employees behave and just sign it the employees of store 332 without names? What could be done then?
Expert:  ScottyMacEsq replied 10 months ago.
The same protections apply, certainly, but if they don't know who the employees are, they can't really retaliate in the first place.
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11709
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 6 other Employment Law Specialists are ready to help you

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