Gwynne Wilcox wasn’t expecting to lose her job. As a member of the National Labor Relations Board (NLRB), she believed her position was protected by law—just like it had been for decades under previous administrations. But when former President Donald Trump unexpectedly fired her, Wilcox knew something wasn’t right. Now, she’s suing him, arguing that her dismissal goes against 90 years of legal precedent. She says board members like her can only be fired for serious reasons, such as neglect of duty or misconduct, and she’s done nothing wrong.
“This wasn’t just about me—it’s about keeping independent boards free from political interference,” Wilcox said after filing the lawsuit.
A First in Labor Board History
Wilcox’s firing is historic—and not in a good way. Since the NLRB was created in 1935, no sitting member had ever been removed by a president until now. Her action, which aims to overturn the dismissal, may have a significant impact on the functioning of independent federal agencies. Should the courts decide in her favor, it may restrict presidents’ ability to dismiss members of impartial boards, such as the Federal Reserve or the NLRB.
The Impact on Workers and Businesses
There are currently not enough members on the NLRB to render decisions without Wilcox. As a result, significant labor lawsuits that deal with issues like worker compensation, union rights, and unjust treatment are left hanging. Labor advocates fear that delays could weaken national worker protections. According to Wilcox, restoring her would allow the board to restart activities and avoid long-term harm to employees and businesses that are awaiting resolutions.
Why Trump’s Team Defends the Move
The Trump administration argues that Wilcox’s firing was necessary to undo what they see as overly progressive policies implemented under President Biden. They claim that as president, Trump had the authority to remove her to ensure the board reflected his administration’s goals. However, legal experts say this isn’t a simple matter of executive power. “Independent agencies are supposed to be shielded from politics,” said one legal analyst. “If this firing stands, it sets a dangerous precedent.”
What’s at stake?
This lawsuit is about more than Wilcox’s job. It could determine how much power future presidents have to shape independent boards. If Wilcox wins, it will reinforce protections for agencies meant to operate above politics. But if Trump’s team prevails, future presidents may have more freedom to remove officials they see as obstacles to their agenda.