California employers may face workplace disputes that overlap with both state protections and federal labor law. While the National Labor Relations Board (NLRB) investigates unfair labor practice (ULP) charges, the state’s broader employee protection laws often shape the evaluation and defense in these situations.
Knowing how to respond in the first few days can help you protect your interests as an employer and prepare for the next stage of the case.
1. Review the charge carefully and identify the alleged violation
An unfair labor practice is a conduct by an employer or union that interferes with the protected rights of employees. The NLRB enforces this claim at the federal level under the National Labor Relations Act (NLRA). However, similar conduct may also raise issues under California employment laws.
When you receive notice from the NLRB, you must review the ULP charge right away. This often involves identifying what actions are being challenged and which personnel may be involved.
2. Preserve documents and communications related to the allegation
After sending the notice, the NLRB may request records related to the allegations. Preserving the following data early helps ensure you can provide accurate information during the investigation:
- Reports created by supervisors
- Personnel files
- Employee complaints
- Internal emails and text messages
- Disciplinary records
- Company policies and employee handbooks
Failing to maintain these documents can hurt your credibility if you cannot produce key records later.
3. Avoid workplace actions that could appear retaliatory
In addition to federal protection, California law provides strong safeguards against retaliation for employees who raise concerns or participate in investigations. Actions allowed under federal standards may still create liability under state law.
After the filing of a ULP charge, you generally cannot discipline, threaten or question employees for their involvement. Such actions may appear retaliatory and may result in additional charges.
Why immediate legal strategy matters
State labor agencies may also review actions linked to an unfair labor practice charge. If they find merit in a claim, those actions could lead to problems beyond the federal case. Early legal guidance can help you respond effectively to NLRB investigations while also addressing broader risks under California employment law.