Certified Staffing Profesional Practice Exam

Can a staffing firm dismiss an employee based on their union activities?

1. Yes, it is lawful

2. No, it is not lawful

3. Only if the employee is part of management

4. Only if stated in the employment contract

The correct answer is: No, it is not lawful

The correct answer is that it is not lawful for a staffing firm to dismiss an employee based on their union activities. This protection stems from the National Labor Relations Act (NLRA), which grants employees the right to engage in collective bargaining activities and to join or support labor organizations. Discriminating against an employee for participating in union activities is considered a violation of workers' rights and can lead to legal consequences for the employer. The law specifically protects employees from retaliation or discrimination for engaging in protected union activities, which includes organizing, requesting to bargain collectively, participating in union meetings, and other related efforts. This legal framework aims to promote fair labor practices and to ensure that all employees can advocate for their rights without fear of losing their jobs. Thus, any dismissal based on union involvement is viewed as an unlawful action, reinforcing the worker's rights to engage in collective activities without fear of retribution.