Do you have to provide evidence you're non-union member if you're claiming wage theft? If you're not a union member is impossible to prove you're not.

  • 10
    Your question seems to assume that wage theft cannot be committed against union members? It seems unlikely that that is the case.
    – Someone
    Mar 31 at 3:42
  • 2
    @Someone OP is probably working somewhere that has automatic union fee deductions... Possibly a teachers union... If you are a union member then its not theft its just your unino dues being paid... If you are not a union member on the other hand...
    – Questor
    Apr 1 at 20:53
  • Downvoting for forcing readers to figure out what is really meant when the question is not at all clear on that point.
    – ohwilleke
    Apr 1 at 21:21

2 Answers 2


In there is nothing in the Employment Rights Act 1996 saying you have to prove or disprove union membership if your employer breaches your Right not to suffer unauthorised deductions .

All you need to do is present Complaints to employment tribunals but being in a union may help with the paperwork and providing legal advice etc

  • Pretty sure OP's complaint is with mandatory Union Dues. In which case suggesting that being in a union to have them provide legal advice/help with the paperwork in order to no pay those union dues is kinda funny.
    – Questor
    Apr 1 at 21:10

Going to take a leap of faith and assume that your question is referencing union dues because you are asking about being a union member...

So this has 2 answers in the USA.

And it depends on if you live in a right to work state, or a union state.

Union State:

  1. No. It is not considered wage theft,

Federal law allows unions and employers to enter into "union-security" agreements which require all employees in a bargaining unit to become union members and begin paying union dues and fees within 30 days of being hired. Employees may choose not to become union members and pay dues

from the National Labor Board

that being said. The union of the place that hired you is in trouble. Because you should know this already.

, and opt to pay only that share of dues used directly for representation ... Unions are obligated to tell all covered employees about this option, which was created by a Supreme Court ruling and is known as the Beck right.

That you don't know this means that either you didn't pay attention when they told you this.

Or they didn't tell you this in which case they have violated your Beck right, and are in trouble.

If you know that they didn't tell you about your Beck right you can report them. (You will need proof). There is a cost associated with this, which might include moving (depending on the how much of a problem this causes the union) if you thought that telling on an employer would make life difficult for you. You have never gotten on the wrong side of a union before. Problematic employers have a limited reach... Vindictive unions do not.

Right to work state.

It is wage theft.

If you work in a state that bans union-security agreements, (27 states), each employee at a workplace must decide whether or not to join the union and pay dues

Report them. However, be prepared to find a new job.

  • 3
    Procedurally, it may be necessary to ask the appropriate person (probably someone in HR) to remove the deduction that is the source of the complaint and be refused, before jumping to wage theft allegations. Theft must be intentional. An improper wage deduction in a big company could be something as simple as a data entry mistake, and a mere data entry mistake isn't wage theft.
    – ohwilleke
    Apr 1 at 21:40

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