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What are the penalties for an employer who prohibits employees from organizing?

Los Angeles, CA |

What are the penalties for an employer who prohibits or attempts to prohibit employees from organizing? Citations would be useful!

What are the penalties for an employer who prohibits/prevents or attempts to prohibit/prevent employees from organizing? Citations would be useful!

Attorney Answers 2


  1. The National Labor Relations Act is the statutory authority you are looking for. That federal statutory scheme prohibits any form of retaliation or harassment arising out of employee attempts to organize. The NLRA has plenty of teeth, including fines and even imprisonment where appropriate.

    The NLRA is a vast and complicated statutory scheme. If you are facing any kind of harassment or retaliation arising out of organizing efforts, you would be well-served to find and consult with a labor lawyer who represents employees. A great place to find such an attorney would be on the home page of the California Employment Lawyers Association (CELA) which is an organization of attorneys dedicated to the aggressive representation of employees against employers. www.cela.org.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. This sounds very much like question I answered a few days ago, also from an asker in Los Angeles. Perhaps it was you? If not, please see my detailed response here: http://www.avvo.com/legal-answers/is-it-illegal-for-employers-to-bar-employees-from--1227583.html#answer_2399491

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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