Frequently Asked Questions

Anyone can participate in these actions to support immigrant workers. 

There are different ways to participate! You may want to join other workers in NOT working some or all of the days. PCUN especially encourages people not to work on May 1st. Instead of not working, you may choose to NOT shop or buy anything on the listed days. Students may choose NOT to go to school on all or some of those days. In addition to taking action or as a different action, you may help spread the word about the actions and motivate others to participate.

Everyone faces different circumstances and needs to make the best decision for themselves.

Some factors to consider:

• Whether your employer is likely to support workers’ individual or group participation;

• Whether other workers are likely to join you in taking this action;

• Your goals in participating, the industry you work in, and whether you are in a union.

• Your financial and personal situation.tion text goes here

Workers have strength together. Talk to your co-workers outside of work about what you think might be the best way to approach your employer. 

With a worker-friendly employer, you might want to:

• As a group, ask for a meeting with the management person you think is most likely to respond positively  before the day you would like to participate in  collective action.

• Invite an interpreter you trust to participate

• Tell the employer:

  • Say why you think it is important for your employer to allow workers to participate in the “Day without an Immigrant” activities.

  • Explain why you think it is important for your employer to help protect immigrant workers and improve opportunities.

  • Ask if your employer would consider closing the business on one or more of those days and excuse workers from coming to work.

  • As an alternative, ask your employer if they would support workers not coming to work that day, either using or not using vacation or PTO.

• If the employer says no, you may want to look at the next section

Workers have strength together. Talk to your co-workers. Motivate other workers to participate in “Day without an Immigrant” when you are not at work. When more workers act collectively, the likelihood of your employer retaliating against workers decreases.

Connecting your collective participation to the improvements you and your co-workers want to see may provide you with greater protection.   

Consider whether your employer might be violating any laws. Connecting your collective participation to efforts to make your employer obey the law may provide you with greater protection. 

For example: Are you getting paid correctly for all the hours you are working? Are you getting your breaks and lunch periods? Is there discrimination? Is your workplace healthy? Are there improvements you would like to see at work, like improved opportunities for immigrant workers?   

Your group of workers may want to speak with a community organization about developing a plan to talk to your employer.

If your group of workers decides to talk to your employer, here are some things to consider:

• The more workers you have, the more likely it is that your request will be granted and the stronger protection you may have.  

• Think about who you want to ask to meet, where and when?

• Who can act as an interpreter?

• What “asks” do you want to make - generally better to express that your goals in participating in the activities are to improve conditions and opportunities for immigrant workers in your particular workplace and in the community and name any specific concerns you have that you would like addressed.

  • Example A: You could say “we are concerned we are not getting paid overtime correctly. We are participating in this “Day without an Immigrant” activity to ask you to pay us correctly and to improve conditions for immigrant workers.  We ask you to pay us correctly and not retaliate against us for our participation in these activities.” 

  • Example B: “I’m not going to work today because I’m concerned/complaining/disagreeing with/protesting [my wages, working conditions, sex harassment, health and safety problem, unlawful discrimination or retaliation, etc. [describe what legal violations you think exist]). I’m participating in a day without an immigrant " to ask for better conditions for me and other workers.

• Make your requests by writing them and keep copies. Including requests for your employer to follow the law can make your demands stronger.  You may want to work with a community organization to help you develop your strategies and make your requests.

Keep track of all of your conversations with your employer and keep notes about what happens at work.

If you are represented by a union, talk to your union representative about participation in “Day without an Immigrant” activities.

Other option: If you have paid leave or PTO, you may be able to ask for those days off.  Be sure to follow your company’s policies for how to request this time. You have a right to ask about policies related to time off. You can review the policy with a trusted organization to ensure you are acting within it. Please note that participation in these activities probably does not qualify for sick leave.

MAKE SURE YOU: 

1. TEXT OR CALL YOUR BOSS AND TELL THEM YOU WILL NOT BE GOING TO WORK TODAY. LEAVE A VOICEMAIL IF THEY DON’T ANSWER. 

2. TEXT YOUR BOSS THAT YOU ARE NOT GOING TO WORK TODAY BECAUSE YOU ARE PROTESTING YOUR WORKING CONDITIONS AND PARTICIPATING IN A “DAY WITHOUT AN IMMIGRANT.” MAKE SURE TO TELL THEM WHEN YOU WILL BE BACK AT WORK.

3. IF YOU ARE RETALIATED AGAINST BECAUSE OF YOUR PARTICIPATION, SEEK LEGAL ASSISTANCE. 

SCRIPT FOR COMMUNICATIONS with EMPLOYER: “I’m not going to work today because I’m concerned/complaining about/disagreeing with/protesting [wages,bad working conditions, sexual or racial harassment, health and safety problems, unlawful discrimination,etc. [generally better to say what legal protection you think applies]. I’m participating in a “Day without an Immigrant."

It depends. Whether a worker’s participation in a collective action is legally protected depends on different factors,including the goals of the strike, what industry the worker works in, local, state and national laws and the implementation of those laws.  

For many workers, protection will come in the form of working together as a group to convince the employer to support workers and workers’ participation in “concerted activities” or activities workers take together. 

Under some state and federal laws, it may be illegal for an employer to fire employees who participate in  collective action  BECAUSE they are a member of a protected class (for example, “Latinos”) or because the discipline is related to a complaint the workers have  made to the employer (like “we are not being paid correctly” or “Latino workers face worse treatment” or “our workplace is not safe because ….”). 

In some circumstances, an employer may be able to lawfully terminate the employment of an employee who misses a day of work to participate in a collective activity or activity where workers act together.

If workers’ goals are to protest a specific unlawful labor practice of your employer or to seek better wages or working conditions at your work, your participation in concerted activities may be protected by the National Labor Relations Act (NLRA). The NLRA is the law that protects many workers’ rights to engage in concerted activities.  

The NLRA can protect workers in unions and workers who are not part of a union but who are working together to improve workplace conditions.

But if your goal is not connected to workers’ participating for their mutual aid and protection at work, participation in the strike may be beyond the scope of the protections of the NLRA. In the past, the National Labor Relations Board (NLRB) has found that a group of employees’ participation in “Day Without an Immigrant” and not working for a day could be considered as acting for the employees’ mutual aid or protection and could be considered a “protected strike” under the NLRA. The NLRB has found in the past that the workers’ participation was connected to “employees’ interests as employees” because increased immigration enforcement likely causes worsening of workplace conditions and fewer work opportunities for immigrant workers. Part of the workers’ goals is for the employer to value immigrant labor and to improve conditions and opportunities. Under the new administration, the NLRB may change its approach to these types of cases.

Almost all workers, other than some management, are covered by the NLRA. However, there are certain exceptions. For example, many agricultural workers are not protected by the NLRA, though they may have other protections.

Certain industries, like health care, may have specific notice and other requirements before they can engage in protected activities.

Many public sector workers (those in law enforcement or public education for example) may have restrictions placed on their right to strike.

If unionized, your collective bargaining agreement may offer additional protections against termination for off-duty conduct. Some union members could risk losing their jobs if they strike without getting approval from their union. Talk to your union! Read your contract! 

Unions may face consequences for encouraging workers to join a general strike depending on what their contracts say or the law.  Unions generally cannot call for a strike or boycott against their employer if they have a contract with the employer that says they can’t strike.

At this time, Oregon is a work-at-will state. Generally, this means workers can be fired for any reason that isn’t an illegal one - like unlawful retaliation or unlawful discharge, unless they are protected by a contract that says they can only be fired for a good reason or “just cause.” Workers still do not have “just cause” protections. 

Under state laws, it may be illegal for an employer to fire employees who participate in a group actions BECAUSE they are a member of a protected class (for example, “Latinos”) or because the discipline is related to a complaint the workers had made to the employer (like “we are not being paid correctly” or “Latino workers face worse treatment” or “our workplace is not safe because ….”).

Reach out to other workers. If a group of workers participated, pressure the employer together to bring you back to work.

Reach out to community organizations. Many can help you motivate your employer to support workers who participate in a general strike. You can work with community organizations to identify other ways to convince employers to do the right thing.

You may want to consult with an attorney if you think your employer terminated your employment unlawfully. You may have potential legal claims under the NLRA or other state and federal anti-retaliation laws. Please note that claims under the NLRA generally need to be filed within 6 months.

While better to work together with other workers, individual workers can take action and may have potential legal protection if their actions qualify as concerted activity under the NLRA or if the employer’s actions violate state or federal anti-discrimination or anti-retaliation laws.

Most employment protections apply to all workers, regardless of their immigration status.  However, people without work authorization if they prevail in their claims, may not be eligible for all available relief.  For example, they may not be eligible for reinstatement or back pay, in some cases.  If they prevail in their claims, they are generally eligible for emotional distress damages if the law provides that as one of the available remedies.  Unfortunately, the NLRA generally does not allow recovery for emotional distress damages.

Oregon has a new law going into effect in 2026 allowing striking workers to apply for unemployment benefits. However, generally, there is a 2-week waiting period, so a 1-day action would probably not qualify.  People also need to be otherwise eligible for unemployment benefits. People may qualify if they are not working due to a strike in active progress at the factory, establishment, or premises as part of a lawful refusal to perform work or services. Please note, generally, at this time, people without work authorization may not qualify for Oregon unemployment benefits.

Reach out to trusted community organizations for updates on available resources to support workers who participate in these and other concerted activities.