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Can You Get Fired for Starting a Union in Texas? Your Rights Explained

You’ve been chatting with coworkers about forming a union. Maybe you’re tired of low pay, unsafe conditions, or inconsistent schedules. But then the worry sets in: “Can I be fired for this?”

The short answer: No, you legally cannot be fired just for trying to form or join a union. But as with many things in employment law, the reality can be more complicated—and retaliation does happen.

Let’s break down your rights, what employers can and can’t do, and how The Lange Firm helps workers protect themselves.

Union Rights Under Federal Law

In Texas (and across the U.S.), your right to organize is protected under the National Labor Relations Act (NLRA). This law gives you the right to:

• Form, join, or assist a union

• Discuss wages, hours, and working conditions with coworkers

• Advocate for better treatment or organize a union election

• File complaints about unfair labor practices

❗ Employers Cannot Legally:

• Fire or demote you for union activity

• Threaten your job for talking about unionizing

• Interfere with or spy on union meetings

• Promise benefits to keep you from organizing

If they do? It’s called an Unfair Labor Practice (ULP)—and it’s illegal.

What Retaliation Might Look Like

Not all retaliation is obvious. It might show up in subtle or sneaky ways:

• Sudden negative performance reviews

• Denied promotions or transfers

• Unexplained schedule changes

• Isolation or increased micromanagement

• Termination under a pretext (e.g., “attendance issues” that weren’t enforced before)

That’s why it’s important to document everything and consult with a lawyer early if you suspect retaliation.

Texas Is an At-Will Employment State—So What Does That Mean?

Texas is an at-will state, meaning employers can fire employees for almost any reason—or no reason at all—as long as it’s not illegal.

Firing someone because of union activity is illegal under federal law, regardless of at-will status. But employers may try to disguise the real reason, which makes proving retaliation crucial.

Real-Life Example: Protected but Targeted

Let’s say Carlos works at a warehouse in Houston and starts talking to coworkers about forming a union. A week later, he’s written up for being five minutes late—something that’s never been enforced before.

Then he’s moved to the night shift and eventually let go for “performance issues.” Carlos might have a strong retaliation claim—especially if there’s a paper trail showing his past record was clean.

What Should You Do If You Suspect Retaliation?

1. Document everything — write down dates, names, and details

2. Keep records — emails, texts, work logs, performance reviews

3. Report retaliation — file a charge with the National Labor Relations Board (NLRB)

4. Talk to a lawyer — especially if you’re being targeted or fired

How The Lange Firm Helps

At The Lange Firm, we help Texas workers:

• Understand their rights around union organizing

• Identify signs of unlawful retaliation

• File charges with the NLRB

• Build strong legal claims with proper evidence

• Seek reinstatement or financial compensation when laws are broken

Whether you’re just starting to organize or already facing pushback, we’re ready to help you stand your ground.

Final Takeaway

No, you can’t be legally fired for starting a union—but that doesn’t mean employers won’t try. Know your rights, be smart about documenting your situation, and don’t face it alone.

Contact The Lange Firm today if you’re facing union-related retaliation or want to protect yourself during the organizing process.