Recognizing and Fighting Retaliation at Starbucks: Your Rights When Employer Actions Cross the Line (USA)

Section 8(a)(3) of the NLRA makes it unlawful for an employer to discriminate against employees “in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.” Section 8(a)(1) further prohibits employers from interfering with, restraining, or coercing employees in the exercise of their Section 7 rights. These provisions work together to ban retaliation against workers for union activity or other protected concerted actions.

What Counts as Protected Activity?

You are protected from retaliation for a wide range of activities, including but not limited to:

• Discussing unions or working conditions with coworkers,

• Signing a union authorization card,

• Attending or organizing union meetings,

• Distributing union literature (on your own time and in non-work areas),

• Wearing union insignia,

• Voting in a union election,

• Filing unfair labor practice (ULP) charges,

• Testifying in NLRB proceedings,

• Participating in lawful strikes or picketing,

• Acting collectively to address workplace issues.

Even if you are not a union member, acting with coworkers to improve conditions is protected.

What Counts as Adverse Action?

Retaliation is not limited to firing. Any action that would discourage a reasonable employee from exercising their rights can be considered retaliation. This includes:

• Termination or layoff,

• Discipline (write-ups, warnings, suspensions),

• Demotion or reduction in hours,

• Unfavorable schedule changes,

• Denial of promotions, raises, or benefits,

• Transfers to less desirable positions or locations,

• Increased scrutiny or surveillance,

• Harassment or hostile treatment,

• Exclusion from meetings, training, or opportunities,

• Negative performance reviews,

• Threats or intimidation.

The key question is whether the employer would have taken the same action if the employee had not engaged in protected activity. If the protected activity was a motivating factor, it is likely retaliation—even if the employer also cites other reasons.

Common Forms of Retaliation at Starbucks

Based on NLRB complaints and worker reports, Starbucks workers have experienced:

• Firings shortly after organizing, speaking to media, or filing complaints,

• Disciplinary write-ups for minor or previously tolerated conduct,

• Reductions in hours that threaten income and benefits,

• Manipulation of schedules to assign undesirable shifts or reduce hours,

• Transfers to distant or less desirable stores,

• Increased scrutiny and documentation of minor issues,

• Exclusion from meetings or training,

• Hostile treatment or public criticism,

• Store closures following union activity.

Distinguishing Retaliation from Legitimate Discipline

Not every adverse action is retaliation. Employers can discipline for legitimate, consistently enforced reasons. To distinguish retaliation:

• Was there recent protected activity?

• How close in time was the adverse action?

• Is the stated reason credible and supported by evidence?

• Are non-union employees treated the same for similar conduct?

• Is there a pattern of targeting union supporters?

• Did your treatment change after union activity?

Signs of pretext (a false reason masking retaliation) include inconsistent enforcement, shifting explanations, disproportionate punishment, lack of prior documentation, and disparate treatment.

The Importance of Timing

Timing is a critical factor. Adverse actions taken days or weeks after protected activity are highly suspect. The longer the gap, the more additional evidence is needed to prove retaliation. Courts and the NLRB look for a clear timeline connecting protected activity to the adverse action.

Documenting Retaliation

Good documentation is essential. Keep a contemporaneous log of:

• Your protected activity (what, when, who knew),

• The adverse action (what, when, who was involved, stated reason),

• The connection (timeline, statements, changes in treatment),

• Comparison evidence (how others are treated for similar conduct),

• Witnesses and supporting documents (emails, texts, write-ups, schedules).

Save all relevant communications and take screenshots or physical copies as needed. Identify witnesses who can corroborate your account.

Real-World Examples: NLRB-Ordered Reinstatements

The NLRB has ordered Starbucks to reinstate workers in Memphis, Buffalo, Phoenix, and other locations after finding that firings were retaliatory. These cases show that fighting back can work, but also highlight the limitations: cases can take months or years, and remedies are limited to reinstatement, back pay, and restoration of benefits—not punitive damages or emotional distress.

Filing an Unfair Labor Practice Charge

If you believe you’ve been retaliated against:

• Gather and organize your documentation,

• Identify witnesses,

• File a ULP charge with the NLRB within 6 months of the adverse action,

• Use Form NLRB-501 (online, in person, by mail, or fax),

• Be specific about dates, people, and events,

• Attach supporting documents.

The NLRB will investigate, and if it finds merit, may issue a complaint, seek settlement, or proceed to a hearing before an Administrative Law Judge.

Remedies and Limitations

If retaliation is found, the NLRB can order:

• Reinstatement,

• Back pay,

• Restoration of benefits,

• Expungement of discipline,

• Cease and desist orders,

• Notice posting or reading.

However, the NLRB cannot award punitive damages, emotional distress compensation, or attorney’s fees in most cases.

Protecting Yourself While Fighting Back

Continue to do your job well and follow policies. Don’t give Starbucks legitimate reasons for discipline. Stay connected with union organizers and supporters, and take care of your mental health. Be prepared for a potentially long process, and celebrate small victories along the way.

If you’re fired, file for unemployment, continue documenting, and file your NLRB charge promptly. Looking for other work does not waive your rights.

Using Caira to Organize and Analyze Your Case

Caira can help you:

• Organize your timeline and evidence,

• Identify gaps in your documentation,

• Prepare for NLRB filings,

• Understand the elements you need to prove.

Checklist for Retaliation Claims:

• Did I engage in protected activity?

• Did an adverse action occur?

• What’s the timing between the two?

• Is the employer’s stated reason credible?

• Are others treated the same for similar conduct?

• Have I documented everything and identified witnesses?

• Am I within the 6-month deadline for filing?

Retaliation is illegal, and you have the right to fight back. The NLRB has found Starbucks engaged in widespread retaliation, and workers have won reinstatement and back pay. If you’re facing retaliation, document everything, file your charge promptly, and know you’re not alone.

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This information is for educational purposes and is not legal, financial, or tax advice. Outcomes vary depending on the evidence submitted and its strength. Retaliation cases are fact-specific and can be complex.