If an employee walks off of a job due to a protest or strike, can they legally be terminated?

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If an employee walks off of a job due to a protest or strike, can they legally be terminated?

Asked on June 18, 2015 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general rule, an�employer cannot fire its employees for striking. The National Labor Relations Act (NLRA) governs how employers treat employees who are involved in protected labor activities. The National Labor Relations Board (NLRB) interprets this law as protecting the right of�workers to strike and prohibiting employers from terminating�them�for exercising that right. However, the law only protects lawful strikes. What determines whether or not a strike is "lawful" depends on whether or not the employees are striking for economic reasons or to protest an unfair labor practice by the employer.

For more information, you can consult directly with an employment law attorney in your area; they can best advise you after hearing all of the facts.


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