You’re Fired! (Or Are You?): The NLRB Drama Heads to Court

Last week, former President Trump made headlines (and blog posts) for firing Gwynne A. Wilcox, Chair of the National Labor Relations Board, even though her term was set to last until 2028. This week, Ms. Wilcox sued to get her job back. Here’s what’s happening and why it matters for employers.

What Happened?

Ms. Wilcox was confirmed in 2023 for a second five-year term on the NLRB. However, on January 27, 2025, she was abruptly removed via a late-night email from President Trump. According to her lawsuit, the email stated that agency leaders “must share the objectives” of the administration.

Ms. Wilcox alleges that her email access was cut off shortly after that, and she was told to clean out her office. The government also demanded that she return her work devices, effectively preventing her from doing her job. Her removal left the Board with only two members—one short of the three-member quorum required to conduct business. As a result, the Board’s ability to handle labor disputes under the National Labor Relations Act was impeded.

Why Does Ms.Wilcox Say Her Removal Was Illegal?

Ms. Wilcox argues that her firing was both unprecedented and unlawful. Here’s why:

• The NLRB is an independent federal agency created by Congress.
• It has five members who serve staggered five-year terms.
• Members can only be removed for specific reasons—neglect of duty or misconduct—and only after being given notice and a hearing.

Ms. Wilcox claims that President Trump did not have a valid reason for firing her and failed to follow the required legal process. She asks the court to declare her removal illegal and reinstate her to the Board.

What This Means for Employers

Without a quorum, the Board cannot issue new rulings or change existing regulations. However, representation cases can still be processed, and the Acting General Counsel can pursue certain enforcement actions.

For now, this means that the pro-union policies established by the “Biden Board” will stay in place until a Republican-majority Board is seated. Employers should be aware that existing labor rules will remain unchanged for the foreseeable future, regardless of the outcome of Ms. Wilcox’s lawsuit.

Stay tuned for updates as this case moves through the courts.