How Do Unions Protect Against Wrongful Termination?

Losing a job can be devastating, especially if the termination feels unfair or unjustified. While most workers in California are considered “at-will” employees—meaning they can be fired at any time and for almost any reason—unionized workers enjoy additional protections through collective bargaining agreements (CBAs). 

Do you believe your termination was unfair or unjustified? Contact our Orange County wrongful termination lawyers at Aegis Law Firm to file a claim today. Schedule your free consultation today.

The Role of a Union in Employment Protection

A union is an organization formed by workers to collectively negotiate with employers over wages, hours, benefits, and working conditions. Once a union and employer reach a collective bargaining agreement (CBA), it becomes a legally binding contract that governs the terms of employment for all union members.

Unlike at-will employees, union workers cannot be fired arbitrarily. The CBA typically includes a “just cause” requirement, meaning the employer must have a valid, documented reason for termination or discipline. 

What “Just Cause” Means in a Union Workplace

The concept of “just cause” is central to how unions protect workers from wrongful termination. While definitions can vary by contract, “just cause” generally means the employer must show that:

1. The employee was aware of the company rules or expectations.
2. The rule or order was reasonable and consistently enforced.
3. The employer conducted a fair investigation.
4. There was credible evidence of misconduct or poor performance.
5. The discipline or termination matched the severity of the offense.
   

Without meeting these standards, the employer risks violating the union contract—and the termination can be overturned through the grievance process.

The Grievance and Arbitration Process

One of the most powerful tools available to unionized employees is the grievance process. When a union member believes they have been disciplined or terminated unfairly, they can file a grievance with the union.

Here’s how the process typically works:

Filing a Grievance

The employee reports the issue to their union representative, who files a formal complaint with the employer.

Investigation

The union investigates the facts, gathers evidence, and interviews witnesses.

Negotiation

Union representatives meet with management to attempt to resolve the dispute informally.

Arbitration

If no resolution is reached, the case can go before a neutral arbitrator—similar to a private judge—who reviews evidence from both sides and issues a binding decision.

If the arbitrator finds that the employer lacked just cause or violated the CBA, they can order reinstatement, back pay, or other remedies for the employee.

What Is Wrongful Termination?

Wrongful termination occurs when an employee is fired in violation of a contract, a specific law, or public policy. In at-will employment, an employer can terminate an employee with or without cause. However, the law prohibits termination based on discrimination, retaliation, or other unlawful motives. Examples of wrongful termination include:

• Firing an employee because of race, gender, religion, disability, or age.
• Retaliating against an employee for reporting safety violations, harassment, or wage theft.
• Terminating an employee for taking legally protected medical or family leave.
• Violating an employment contract or company policy that limits when termination is allowed.
  

Unionized employees have an additional layer of protection because their rights are defined and enforced through the CBA.