Contact Us

The firm anticipates reopening when Gov. Murphy allows us to do so. When we reopen, we will be operating in a “Safe Mode” which will require strict adherence to safe interaction with one another and with the public.

Click here* for more information regarding Costello & Mains “Safe Mode” Protocols.

Costello & Mains, LLC
Call for a Free Consultation
856-291-0642 800-421-0212

Can you be fired for picketing or striking?

The idea of workers engaging in organized protests or picketing, walk-outs or other types of coordinated activities aimed at calling attention to societal or workplace injustices isn't new. Individuals have been engaging in these types of actions for generations. Even still, many workers are reticent to participate in such activities out of fear that they'll lose their job. Federal law protects a worker's right to strike lawfully.

Workers can strike as per the National Labor Relations Act. Section 7 of that piece of federal legislation outlines how employees are allowed to participate in concerted activities, such as strikes, as part of a collective bargaining process. Section 13 of that same act highlights how government officials shouldn't impede or interfere with a worker's right to strike.

The National Labor Relations Board (NLRB) has established guidelines for what it considers to be lawful versus an unlawful strike. The government agency classifies labor practice or economic strikes as legal under existing federal laws. The NLRB refers to any organized employee action that involves strikers threatening the safety or life of those not participating, attacking management or the physical blocking of a plant entrance or exit as illegal.

It may also be considered unlawful for health care workers to picket or strike in some instances. Section 8(g) of the National Labor Relations Act states how individuals employed in the medical field must notify various parties of their intention to strike. These workers must give at least ten days' warning to both the Federal Mediation and Conciliation Service and their employer before striking or otherwise refusing to work at a health care facility.

The NLRB points out that the fine line that exists between lawful and unlawful picketing or strikes can get blurry at times. It's in instances like this that they're called upon to step in and decide whether certain activities are legal under the National Labor Relations Act. A wrongful termination attorney could help you explore whether your picketing was lawful and can aid you in filing a lawsuit here in New Jersey if your actions resulted in your firing from your Burlington job.

No Comments

Leave a comment
Comment Information

Free Case Review Fill out this form for a free, Immediate, Case Evaluation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054

Toll Free: 800-421-0212
Phone: 856-291-0642
Fax: 856-727-9797
Mount Laurel Law Office Map