Know Your Legal Rights When It Comes to Strikes and Walkouts

Before going on strike or engaging in a mass walkout, it is critical to understand your rights. We’ve addressed a few frequently asked questions.

What you’ll discover:

Can I get fired for striking or walking out?
What exactly is a legal strike?
What are my legal options if I go on strike?
What if I’m detained for protesting?

A national walkout is planned on July 20, 2020, throughout the country. The Strike for Black Lives, which is supported by a coalition of national labor unions as well as a number of racial and social justice groups, is a continuation of the protest against institutional racism and police brutality.

The strike is likely to include thousands of fast food, ride-share, nursing home, and airport employees, among others, with the objective of improving salaries and permitting unionization across sectors. If you or someone you know is intending to participate in the walkout, you may have some legal concerns.

Can I get fired for striking or walking out?

Employees cannot be fired for going on strike or walking out. Workers have the right, according to the National Labor Relations Act, “to participate in such coordinated actions for the purpose of collective bargaining or other mutual assistance or protection.” Strikes and walkouts are examples of coordinated actions that are protected for workers.

Whether you are a striking employee or an employer with striking workers, you should consult with a lawyer to understand the breadth of your rights and duties. It is also advised that you study your Employee Handbook to see whether there is any particular wording on planned collective actions such as strikes and walkouts.

What exactly is a legal strike?

The legality of a strike is determined by various variables, including the objective, timing, and behaviour of the strikers. The National Labor Relations Board (NLRB) bases its rulings on the aforementioned grounds.

Economic strikers and unfair labor practice strikers are the two types of legitimate strikers. Participants in a strike demanding greater salaries, shorter hours, or better working conditions may be classed as economic strikers. The second form of striking would be someone opposing unfair labor practices, such as a company preventing workers from unionizing and negotiating collectively.

What are my legal options if I go on strike?

Economic strikers normally have the right to keep their job and cannot be fired, but they may be replaced by their employer. Strikers are not eligible to reinstatement if the company has recruited permanent replacements. Nevertheless, if the strikers are unable to obtain regular and comparable employment (long-term similar hours and earnings), they are normally entitled to be summoned back to work if an opportunity exists.

If you believe you have been wrongfully retaliated against for participating in a strike or demonstration, you should consult with a lawyer.

What if I’m detained for protesting?

If you are arrested while demonstrating, remember that you have the constitutional right to stay quiet as well as the right to a counsel. Before going on strike or demonstration, remember or write down the phone number of an attorney, a legal defense group, or a trustworthy source who can make these calls for you. Find out how to protest legally and safely.