Termination
Learn how protected concerted activity rights under the NLRA protect pay talks, unionizing rights for nonunion employees, and what employer unlawful labor practices look like. Find when employers can discipline discussing pay and step‑by‑step instructions on how to file NLRB complaint to secure remedies and stop retaliation. Read examples, filing tips, and immediate next steps.
Estimated reading time: 18 minutes
Key Takeaways
Protected concerted activity rights let employees act together to improve wages, hours, or working conditions without retaliation, even in nonunion workplaces.
Section 7 of the NLRA grants the core rights to organize and engage in concerted activity; Section 8(a)(1) makes interference by employers unlawful.
Discussing pay is usually protected when it is concerted or seeks group action; context and conduct still matter under the Board’s totality-of-the-circumstances test.
Unlawful labor practices include threats, interrogation, discipline, or promises of benefits tied to union or group activity.
You can file an unfair labor practice charge with the NLRB; move quickly because the deadline is generally 180 days.
Table of Contents
Introduction
What are Protected Concerted Activity Rights?
NLRA Employee Rights: Quick Legal Overview
Can an Employer Discipline Employees for Discussing Pay?
When pay discussions are clearly protected
When pay discussions may not be protected
Employer can lawfully restrict time, place, and manner
Practical examples
Employer Unlawful Labor Practices: What They Look Like
Real-world case examples
Warning signs of unlawful practices
How to File an NLRB Complaint: Step‑by‑Step
Step 1 — Gather documentation
Step 2 — Contact your local NLRB regional office
Step 3 — File the unfair labor practice charge
Step 4 — Timing and statute of limitations
Step 5 — What to expect during the NLRB investigation
Step 6 — Remedies and outcomes
Additional practical advice for complainants
Example Scenarios and Q&A
Scenario 1: Talking about wages in the break room
Scenario 2: False, malicious social media accusation
Scenario 3: Petition demanding safety fixes
Scenario 4: Private complaint about own pay
Quick checklist: Am I protected?
What to Do First: Practical Next Steps
Links to Authoritative Resources & Recommended Citations
Conclusion
FAQ
Can my employer fire me for talking about my salary?
Do nonunion employees have the right to organize?
How long do I have to file an NLRB complaint?
What counts as an unlawful labor practice?
Introduction
Protected concerted activity rights under the National Labor Relations Act (NLRA) let workers act together to improve pay, hours, or working conditions without fear of retaliation. Protected concerted activity refers to actions taken by workers together — or by a single worker acting on behalf of coworkers — to improve wages, hours, or working conditions; these rights are secured by the NLRA and apply to most private‑sector employees, whether or not they are union members (NLRA employee rights; simple guide to protected concerted activity).
These NLRA employee rights help you discuss pay, raise safety concerns, or plan organizing efforts with coworkers. By the end of this article you’ll know when pay discussions are protected, what employer actions may be unlawful, and exactly how to file an NLRB complaint if your rights are violated.
We cover definitions, real examples, limits on protection, and step‑by‑step filing guidance tailored to union and nonunion workers alike, including a quick primer on unionizing rights nonunion employees often overlook.
What are Protected Concerted Activity Rights?
Protected concerted activity rights allow employees to act together to improve pay, hours, or working conditions without employer retaliation.
Technically, protected concerted activity is activity by two or more employees, or a single employee acting on behalf of coworkers or to initiate group action, that addresses mutual aid or protection regarding wages, hours, or working conditions (NIWR fact sheet on concerted activity; NLRB employee rights). When an individual speaks up, the National Labor Relations Board (NLRB) looks at the totality of the circumstances to decide whether the conduct sought, prepared for, or grew out of group concerns, which can bring solo actions within the protection (totality-of-the-circumstances analysis).
Common, concrete examples include:
Two or more employees discussing or approaching management about pay increases, including wearing buttons or presenting a message collectively (NLRB employee rights overview; historical context on organizing and concerted activity).
Employees discussing workplace safety concerns with each other as a group effort to address hazards (NLRB rights page).
An employee speaking to management on behalf of coworkers about a common problem, such as scheduling or overtime practices (NLRB employee rights).
Group petition signing, coordinated walkouts over unsafe conditions, or contacting government agencies about workplace violations (Felhaber overview of protected acts; Employer.gov summary of NLRA rights).
Coverage and exclusions matter. These rights cover most private‑sector employees, whether union or nonunion (NLRB employee rights). They do not cover government employees, agricultural workers, independent contractors, or supervisors (who have only limited protections in narrow circumstances) (NIWR concerted activity fact sheet).
Many workers in nonunion workplaces are surprised to learn they still have robust protections to organize and act together; the Board and courts consistently enforce these protections in nonunion settings (protected concerted activity applies in nonunion workplaces).
For a deeper dive on pay conversations specifically, see our internal guide on wage discussion rights and when talking about pay is protected.
NLRA Employee Rights: Quick Legal Overview
Section 7 of the NLRA grants employees the right to self-organize, form, join, or assist labor organizations, bargain collectively, and engage in concerted activities for mutual aid or protection; Section 8(a)(1) prohibits employers from interfering with these rights (Felhaber primer on Section 7/8; Jackson Lewis analysis).
Self-organize and form labor organizations — in practice, employees can distribute literature, wear insignia, and hold meetings within reasonable time/place rules (organizing rights overview).
Join or assist labor organizations — including supporting union drives or helping coworkers learn about representation (Section 7 rights).
Bargain collectively through chosen representatives — your elected representatives can negotiate over wages, hours, and conditions (collective bargaining rights).
Engage in concerted activities for mutual aid and protection — protected even without a formal union when the activity is group-oriented (concerted activities).
Refrain from any or all such activities — with limited exceptions, employees can choose not to participate (right to refrain).
Nonunion workers have the same core protections to discuss unionization, share literature, solicit membership, and approach coworkers about organizing; employers may not interrogate employees, promise benefits to discourage organizing, or threaten adverse consequences for union support (nonunion organizing protections). In short, unionizing rights nonunion employees are real and enforceable in day‑to‑day workplaces (protected concerted activity in nonunion settings).
If you face threats or discipline for organizing, our overview on union retaliation rights, remedies, and NLRB complaint help can help you evaluate your options.
Can an Employer Discipline Employees for Discussing Pay?
Generally no — but protections depend on context, participants, and conduct.
The actionable rule: if pay discussions are concerted (involving two or more employees, or one employee acting on behalf of others), they are ordinarily protected from discipline under the NLRA (NLRB employee rights; Felhaber Section 7 summary). See also our practical wage discussion rights guide for workplace examples.
When pay discussions are clearly protected
Two or more employees jointly complain about wages or approach management to ask for raises — classic concerted activity (Felhaber overview of concerted activity).
Group petitions, group emails to management about pay, or coordinated social media posts about wages seeking better terms — group action seeking mutual aid is protected (group activity examples).
A single employee raises group wage concerns, tries to induce coworkers to act, or presents coworkers’ complaints to management — solo conduct tied to group interests is generally protected (NLRB employee rights page).
Protection does not require formality; spontaneous and informal discussions can qualify, depending on context (Board’s totality-of-the-circumstances test).
When pay discussions may not be protected
Purely individual complaints about your own pay that do not reference coworkers or seek group action may not be protected; however, the same complaint can be protected if it invokes or seeks collective action or reflects group concerns (NLRB rights page on individual vs. group concerns; totality-of-the-circumstances analysis).
Speech that is so disloyal, maliciously untrue, or that discloses certain confidential information may lose protection; the Board balances the nature of the conduct against the NLRA’s protections (limits on protection).
Employers may not punish employees just for talking about pay with coworkers as concerted activity, but protection can be lost if the discussion crosses legal lines (e.g., malicious falsehoods).
Employer can lawfully restrict time, place, and manner
Employers may set reasonable, even‑handed rules about when and where discussions occur (e.g., not during active customer service) or enforce neutral conduct rules, so long as the rule is not a pretext for retaliation against protected content (reasonable restrictions vs. unlawful discipline).
Timing/manner rules vs. content: pausing a pay discussion while assisting a customer is a permissible time/manner restriction; disciplining employees because they discussed wages is discipline for content and likely unlawful.
Examples: asking employees to move an animated pay debate from a patient’s treatment room to the break room is typically lawful; issuing write‑ups because of the wage topic itself is not.
For social media or public posts, see our guidance on discipline for social media posts and when off‑duty speech is protected.
Practical examples
On a break, two employees post about low wages in a private group and then approach HR together. Protected: group action about pay with no disruption; discipline risks a Section 8(a)(1) violation (group pay discussions).
During a customer interaction, an employee loudly argues about pay and refuses to serve the customer. The employer redirects and later counsels both employees equally. Likely lawful time/place discipline, but content‑based punishment would be problematic (context and even‑handed enforcement).
An employee privately asks for a personal raise with no reference to coworkers. Not concerted and may be unprotected. If they say, “Many of us are underpaid; we’re asking for a review,” it may become protected (NLRB employee rights).
Employer Unlawful Labor Practices: What They Look Like
An unlawful labor practice occurs when an employer “interferes with, restrains, or coerces” employees exercising Section 7 rights. This is prohibited by Section 8(a)(1) of the NLRA (Section 7/8 framework; Section 8(a)(1) prohibition).
Discharging or disciplining employees for signing petitions or discussing pay (examples of unlawful discipline).
Threatening job loss or reduced hours for union support (threats tied to union activity).
Interrogating employees about union or concerted activity (unlawful interrogation).
Promising benefits to dissuade organizing (unlawful promises).
Retaliating for filing complaints with the NLRB or other agencies (employer.gov summary of protected rights and retaliation).
Real-world case examples
NLRB v. Washington Aluminum (1962): nonunion workers walked out over freezing conditions; the Supreme Court held the walkout was protected concerted activity and the terminations were unlawful (case summary).
New Mexico hotel: employees signed a letter protesting a wage cut; leaders were fired, and the NLRB ordered back pay and reinstatement (LaborLab case example).
California farmworker: an employee who raised coworkers’ concerns was fired; the NLRB investigation led to a settlement including back pay and reinstatement offer (LaborLab example).
Warning signs of unlawful practices
Sudden write‑ups or terminations immediately after group activity.
Promises of benefits or threats linked to union support.
Targeted layoffs or schedule changes that affect organizers or outspoken employees.
Management interrogating employees about who signed a petition or attended a meeting.
Any adverse action closely following protected speech or organizing.
If you believe discipline is retaliation, learn practical steps in our guide on protecting your rights after workplace retaliation.
How to File an NLRB Complaint: Step‑by‑Step
If you believe your protected concerted activity rights were violated, you can file an unfair labor practice charge with the NLRB — here is exactly how.
Step 1 — Gather documentation
Collect as much evidence as possible. Strong documentation helps the NLRB assess your case and can speed resolution (LaborLab on evidence and enforcement; NLRB employee rights).
Written communications: emails, texts, memos, and chat logs from management or coworkers.
Copies of petitions, meeting notes, social media posts, and screenshots relevant to the group activity.
Disciplinary notices, performance reviews, or termination letters.
Witness names and contact information (people who observed the events).
A clear timeline with dates and times for protected activity and any adverse actions.
Pay stubs, schedules, and personnel records if the dispute involves wages or hours.
Any prior grievances, HR complaints, OSHA or other agency reports.
If safety is involved, you can also report hazards and learn how to protect yourself from retaliation through our OSHA guide: reporting unsafe conditions and retaliation.
Step 2 — Contact your local NLRB regional office
Identify the correct regional office via the NLRB website and ask about filing options — in‑person, by mail, or online. Staff can help you confirm whether the facts suggest an unfair labor practice and point you to the right charge form (find regional office and filing options).
Step 3 — File the unfair labor practice charge
Include the details the NLRB needs to investigate:
Your name and contact info; the employer’s name and address.
A detailed, factual description of what happened.
Key dates; names of witnesses.
Copies of supporting documents (discipline, emails, messages, petitions, posts).
Be specific about how the employer’s actions interfered with Section 7 rights and why the conduct falls under protected concerted activity.
Step 4 — Timing and statute of limitations
The NLRB must generally receive your charge within 180 days (six months) of the unfair labor practice. Do not wait — filing promptly helps evidence collection and can preserve remedies (NLRB employee rights and enforcement).
Step 5 — What to expect during the NLRB investigation
After filing, the regional office will:
Interview you, witnesses, and employer representatives.
Request and review documents from both sides.
Explore informal settlement when appropriate.
Either dismiss the charge or issue a complaint if there is reasonable cause (LaborLab on NLRB enforcement; NLRB employee rights).
If a complaint issues, the case proceeds to a hearing before an administrative law judge. Decisions can be appealed to the Board and, in some circumstances, to federal court on review.
Step 6 — Remedies and outcomes
Typical remedies include:
Back pay: wages and benefits lost due to unlawful suspension or termination, typically offset by interim earnings.
Reinstatement: returning you to your job or a substantially equivalent position.
Expungement: removal of unlawful discipline from your personnel file.
Notice posting: employer must post a notice about NLRA employee rights and the resolution.
Cease-and-desist orders: directs the employer to stop unlawful practices.
Additional practical advice for complainants
Keep copies of everything; do not delete relevant communications.
Avoid signing away rights or accepting a settlement you do not understand.
Communicate factually with management after filing; document all interactions to deter retaliation.
If retaliation occurs, learn how to respond in our resource on workplace retaliation protections.
Example Scenarios and Q&A
Scenario 1: Talking about wages in the break room
Facts: Two employees discuss wages during a break and later jointly ask for a raise; both receive write‑ups.
Answer: Protected. Group pay discussions and joint requests for raises are core concerted activity; discipline in response can violate Section 8(a)(1) (NLRB employee rights). Review our internal wage discussion rights guide for practical tips.
Scenario 2: False, malicious social media accusation
Facts: One employee posts a knowingly false and malicious accusation about a supervisor unrelated to group concerns.
Answer: May lose protection. Maliciously untrue or disloyal statements can fall outside the NLRA’s protection; context matters under the totality‑of‑the‑circumstances test (limits on protection). For online‑speech issues, see when employers can discipline social media posts.
Scenario 3: Petition demanding safety fixes
Facts: Employees sign a petition demanding hazard corrections and are fired.
Answer: Unlawful. Group petitions about working conditions are protected; firing signatories is a classic unfair labor practice, with remedies like reinstatement and back pay (LaborLab case examples).
Scenario 4: Private complaint about own pay
Facts: An employee privately demands a raise for themselves without referencing coworkers.
Answer: May not be protected. Purely individual gripes, not tied to group concerns, are often unprotected; however, if the request seeks group action or presents a coworker complaint, it can become concerted (NLRB rights page).
Quick checklist: Am I protected?
Are two or more employees involved, or is one person speaking on behalf of coworkers?
Is the topic wages, hours, or working conditions (mutual aid or protection)?
Does the conduct seek or induce group action (petition, group email, meeting)?
Was the conduct reasonable in time, place, and manner?
Did statements avoid malicious falsehoods and unlawful disclosures?
Still unsure? Our primer on employee rights protection strategies can help you organize facts and evidence.
What to Do First: Practical Next Steps
Preserve evidence immediately: save emails, texts, petitions, screenshots, and notes.
Create a dated timeline: record who said what, when, and who witnessed it.
Talk to coworkers: document statements showing group concerns or support.
Contact the regional NLRB office: confirm whether facts suggest a ULP and ask about filing options (NLRB employee rights and contacts).
Consider legal advice: if retaliation escalates or remedies are needed, review rights in our union retaliation guide and workplace retaliation resource.
Links to Authoritative Resources & Recommended Citations
Conclusion
Protected concerted activity rights are a foundational protection under the NLRA that let employees act together to improve pay and conditions. Whether you are union or nonunion, the law protects collective efforts to talk about wages, fix safety issues, and raise workplace concerns as a group. If your employer tries to stop or punish this conduct, it may be an unlawful labor practice under Section 8(a)(1).
The NLRB enforces these rights with real remedies like back pay, reinstatement, and orders to stop unlawful conduct. Learn more about your rights and how to file a charge from the official NLRB employee rights page. Preserve evidence, move quickly toward the 180‑day deadline, and consider legal advice if retaliation or complex issues arise.
Finally, remember that your voice gains power when it is collective. If you believe your rights were violated, document everything, contact the NLRB, and use the steps above to protect yourself and your coworkers.
Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.
FAQ
Can my employer fire me for talking about my salary?
Usually no — if the conversation is concerted (involves coworkers or seeks group action), disciplining employees for pay discussions can violate the NLRA; context and conduct still matter (can employer discipline discussing pay under NLRA employee rights).
Do nonunion employees have the right to organize?
Yes — nonunion employees can discuss unionization, distribute literature, solicit membership, and seek representation without employer interference or coercion (unionizing rights nonunion employees; protected concerted activity in nonunion workplaces).
How long do I have to file an NLRB complaint?
In most cases, you have 180 days (six months) from the unfair labor practice to file with the NLRB, so file as soon as possible (how to file NLRB complaint).
What counts as an unlawful labor practice?
Interfering with or coercing employees in their Section 7 rights, including threats, interrogation, or surveillance.
Discipline or discharge for concerted activity (e.g., petitions, pay talks), promising benefits to deter organizing, or retaliation for filing NLRB charges.
These are prohibited by Section 8(a)(1) of the NLRA (employer unlawful labor practices; NLRA employee rights framework).
