that they cannot prohibit employees from discussing their salaries — "a big no-no," he said. Ruth Mayhew has been writing since the mid-1980s, and she has been an HR subject matter expert since 1995. Even if an employee signs a non-disclosure agreement with an employer, he or she still has the legal right to discuss pay with coworkers and others. Your right to discuss your salary information with your coworkers is protected by the federal government. July 16, 2019 at 6:00 am Updated July 16, . Courts have basically uniformly supported that position. Disadvantages of discussing compensation. Can I Sue for Being Underpaid? (She did not take . You can not legally be fired for discussing your salary in the workplace, it's a right. What employers can do Of course, discussing salary at work can be problematic. Originally Answered: Can you get fired for telling someone your salary? 1y. Whether I was working as a barista or a paralegal, the story was the same: My employers wanted me to keep my mouth shut about . Anonynmous_J * January 19, 2012 at 12:08 pm At my company, we can be fired for discussing our salaries WITH EACH OTHER. Employers aren't allowed to prohibit you from discussing your salary, and any attempts to do so violate the NLRA. The general rule in Tennessee is that you can be fired for good cause, bad cause, or no cause at all. In these states, no employee (not even managers) can be fired for talking about their salaries. Finances is usually something we are quite secret about so discussing them in the workplace just doesn't seem right. Let's say you work in the Human Resources Department and have access to a new hire's (we'll call her Jane) salary details. I have received a few emails over the years from readers who have told me that their employer "forbids" employees from discussing their wage and benefit levels with co-workers. Can You Discipline Employees For Discussing Pay? Plus, when people talk about salary, it can create rumours and gossip, which isn't often great for office productivity. That means that it's generally illegal for employers to fire workers for discussing compensation, unless the employer can prove a legitimate business purpose for not allowing those conversations. Wages are a vital term and condition of employment, and discussions of wages are often preliminary to organizing or other actions for mutual aid or protection. Can I Be Fired for Discussing My Wages? Can you be fired for discussing compensation, benefits, or work conditions? Can you be fired for discussing salary at work? If an employer shares medical-related information with another employee outside a need-to-know basis, it can result in possible penalties and fines under HIPAA and the Americans with Disabilities Act of 1990. If your contract doesn't allow you to discuss salary with your co-workers, then you legally are bound by that agreement. Avoid making comparisons. It all depends on the grievance. "The cons are obviously that it can cause jealousy and rebellion in the workplace from the employer's point of view.". for reasons that may not have anything to do with violating workplace rules or poor job performance. Lynda Teare was a training coordinator at a surveying company. The National Labor Relations Act states that employers can't ban the discussion of salary and working conditions among employees. But if someone else is being paid more than you for the same or lesser job, it can be unfair but sometimes there's usually a reason behind it (previous experience, education, or just an unfair workplace). (People often think of the NLRA as . If employees are willing to discuss salaries, as an employer there can be no need to interfere with them, no matter how much they would dislike it. The National Labor Relations Board has made it clear that this includes the right to discuss wages. You think Jane's salary is too high, so you post a comment on Facebook detailing that Jane, a recent college graduate, was just offered a salary of $75,000 a year. Just because you can doesn't mean you should. However, although the law may aim to protect workers from unfair dismissal and ill-treatment at work, people are often let down and treated appallingly by their bosses anyway. It's Illegal But People Get Fired For Talking About Their Pay Women's groups say female workers can't know if they're being discriminated against if they don't know what others are paid. Talking about your compensation can give you more information about conditions and pay across the company, but it can also sow discontent, Rehm says. If you decide to bring up the topic of salaries and wage, comparing salaries with a colleague that earns less than you can create feelings of animosity. Your Right to Discuss Wages. I also refused to be supervisor myself unless I was making $15 at least. "I might be an engineer and my salary could . To avoid these issues, many employers attempt to limit conversations among co-workers about pay. Your employer has no right to fire you for discussing your salary with your colleagues. The National Labor Relations Act gives all employees the right to "engage in concerted activities," which includes the right to discuss your wages and working conditions with each other. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at work—outside of managers discussing compensation with employees privately or with each other to . But you can discuss employees' current salary status, career path, and even earning potential — and be transparent in those ways — without divulging the compensation plans of their coworkers. Fired over funds. As for the former, the National Labor Relations Board has the authority to act on behalf of the affected employees. In fact, employees' right to discuss their salary is protected by law. Yes. No, you cannot get fired for telling a coworker your salary. This is outrageous and sleazy in my opinion, but sadly, not unlawful. So I can understand why you might want to stop employees discussing their pay. However, this law doesn't guarantee you access to salary information. No, you cannot be fired for discussing wages at work. Published May 17, 2015. No. "The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant." NLRA Allows Employees to Engage in Pay Discussion While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. If you've been fired or disciplined for online speech of this kind, you can file a charge with NLRB against your employer and may be able to win reinstatement and/or back pay. If you have been fired or otherwise penalized at work after mentioning your salary to anyone else, you should contact Buckley Beal LLP as soon as possible. This is known as 'pay secrecy.' Employees are often prohibited from discussing their salary and remuneration through pay secrecy clauses in their employment contract.Pay secrecy clauses are particularly common in industries that offer bonuses or discretionary incentives. Legally speaking, the answer is no. Employees in the railroad or airline industries are not covered by the NLRA. While your employer can't fire you for discussing your salary, he could make your job unpleasant or start looking for other reasons to let you go. In 2014, President Obama signed an Executive Order for non-retaliation . It says you can't stop people from discussing wages IF the discussion is "for the purpose of determining or assisting another person in determining whether an employer is complying with Part XII (Equal Pay for Equal Work)". For example, in a 2013 case the Board ordered a Texas employer to reinstate an employee who was fired for "discussing salaries with other workers." Federal Protections Let You Talk Money in the Workplace The majority of employed and working Americans are protected from discipline exercised simply due to protected classes, such as age, gender, race, and so forth. Discussing salary is a controversial topic. For example, in a 2013 case the Board ordered a Texas employer to reinstate an employee who was fired for "discussing salaries with other workers." Many human resource experts advocate a don't-ask-don't tell policy when it comes to salaries because they believe that knowing creates discontent, jealousy and low morale in the office. In some cases, yes. Often, open policies around employees' salary allows for a transparent and equal workplace. In other words, you are an employee at-will. There you go, in clear bold writing - that is a LEGAL fact and anyone trying to say otherwise clearly doesn't know the law behind this matter. Under the National Labor Relations Act (NLRA or the Act), employees have the right to communicate with other employees at their workplace about their wages. In the latter case, the employer can lose its federal contracts. In the latter case, the employer can lose its federal contracts. Can you get fired for sharing your salary publicly? Therefore, it is technically illegal for an employer to impose pay secrecy rules or punish employees for discussing salaries. When the Boss Says, 'Don't Tell Your Coworkers How Much You Get Paid'. Can Employees be Fired if they Share Workplace Grievances on Social Media? But there are countless exceptions. Zuleika Sgro and GREG CHUNG-YAN. For British people, being unguarded about salaries has become less enjoyable in the past few years. This article was published more than 6 years ago. The main reason to keep your salary to yourself, according to human resources professionals, is because varying levels of experience and skill sets make for an apples-and-oranges, dollars-and-cents comparison; this can be true, even for people with similar job descriptions. Can Employees be Fired if they Share Workplace Grievances on Social Media? Your employer cannot retaliate against you, threaten to discharge, demote, suspend, or discriminate against you for exercising your right to equal wages. Let's clear up a common misconception right away: Your employer cannot legally forbid you from discussing your salary with fellow employees, nor can the company punish you for doing so. You probably have other reasons, too - and you're welcome to explain these in the comments below. A new employee was fired by the Commonwealth Bank partly for discussing his pay with colleagues, which breached the company's controversial salary secrecy condition. They can't discriminate based on age, religion, gender, ethnicity. Some companies take the policy further, disciplining or even firing employees who violate that policy. Forbid You From Discussing Your Salary With Co-Workers Your boss may not want you and your co-workers to compare your salary or benefits, but they can't prohibit it. You can get fired for literally anything they want it's an at will contract. Contact the Murphy Law Group Now for a Free Consultation In fact, most "at will" employed Americans don't realize this but they can be fired at any time, for any reason, as long as certain discrimination and employment laws are not being broken in the process. Can our employer punish us for talking about our pay? Colorado employees often find themselves fired, terminated, let go, laid off, etc. Thanks to the Equality Act of 2010, employees have the right to discuss salary for the purposes of collective bargaining or protection - so that if everyone's being underpaid, people can come . Fired for "Discussing Salary" Found out a supervisor was making $11/hour and showed them their job being advertised for $14 - $18/hour. You probably have other reasons, too - and you're welcome to explain these in the comments below. I know of a place that explicitly 'forbad' discussions in contracts because they paid their friends/family much more than a regular worker. What this means is that, were you to fire the employee for sharing his increase—and his conversation was later found to be protected under the act—the NLRB could require you to reinstate the . You could also get in trouble with your employer, especially if he asked you not to discuss salary information. 74 is not a blanket statement saying "You can't stop people from talking about their wages". Salary discussions in the workplace can lead employees to question why they don't earn as much as their co-workers. A bill . According to a recent ruling by the National Labor Relations Board (NLRB), companies that attempt to dissuade employees from discussing work conditions or wages may be violating the National Labor Relations Act (NLRA). However, discussing salaries and wages with your work colleagues doesn't have to be a disaster - as long as you exercise common sense. Presumably, if the workers do, they might be fired for breaking the rule. Discussing salary at work is protected regardless of whether employees are talking to each other in person or through social media. That is about the only rule that exists. You can get fired for leaving a work chat group, for playing Pokémon Go at work, for sleeping on the job or no reason at all. Andrea Corr, a senior solicitor in the employment team at law firm Blandy & Blandy, explains that a 'pay secrecy clause' - which would prohibit you from discussing your salary - can indeed . In our time with Glassdoor, we have not heard of a single case of an employee being fired for posting a review on Glassdoor. And even though an employer can't fire you for discussing pay directly, they may get away with firing you for another indirect reason. Bottom line - if you were to fire an employee for discussing wages, and it was found out later that the discussion is protected under the NLRA, you could be obligated to rehire the employee and even provide back pay for time lost. Can You Be Fired For Discussing Salary Uk? For example, you cannot be fired or discriminated against in employment based upon your gender, race, religion, age over 40, national origin or disability. You cannot forbid employees - either verbally or in written policy - from discussing salaries or other job conditions among themselves. In this article, we will answer the most frequently asked questions about salary discussions. Under Colorado employment… If workers are unhappy about . It is illegal under the . But such restrictions can leave you at risk of a lawsuit, as […] The short answer is no, but it does get a little complicated if an employee is required to sign a salary non-disclosure agreement when they are hired. Employees can legally discuss their work pay with colleagues. Let's take a look at what happened when one employee was fired for discussing her salary and then discuss workers' rights under the National Labor Relations Act (NLRA). Can I be fired for discussing my salary? Bottom line - if you were to fire an employee for discussing wages, and it was found out later that the discussion is protected under the NLRA, you could be obligated to rehire the employee and even provide back pay for time lost. The National Labor Relations Act (NLRA) allows employees to freely engage in activities that protect them or offer mutual aid. Plus, when people talk about salary, it can create rumours and gossip, which isn't often great for office productivity. Although the Act protects union and non-union workers alike, there are limitations. Of course, as with any federal regulation, the NLRA can be complicated. So this blog will focus on the legal facts relating to this issue of discussing work pay. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees Besides, can you be fired for discussing salary Australia? Our Atlanta employment attorneys fight against wrongful termination cases, no matter if the act was carried out by a small business or an international corporation. Yes. In Australia, you can direct your employees to not disclose their salary. Special to The Globe and Mail. It all depends on the grievance. As such, this discussion could badly damage the morale and teamwork in your workplace. The question is, can you be terminated for talking about your salary? Oct 04, 2021 Can you be fired for discussing salary or wages? That means that it's generally illegal for employers to fire workers for discussing compensation, unless the employer can prove a legitimate business purpose for not allowing those conversations. That means if you try to negotiate a raise and mention you are being paid less than a co-worker in a similar role, you can get yourself and your co-worker in trouble . It is illegal for employers to fire workers for talking about one's salary or wages at work. Forbid You From Discussing Your Salary With Co-Workers Your boss may not want you and your co-workers to compare your salary or benefits, but they can't prohibit it. You kind of give the prospective employer a clue about your past salary when you state your current salary requirement for him. In many companies, one of the policies covered in orientation is the one that tells employees to avoid discussions about their pay. So I can understand why you might want to stop employees discussing their pay. However, it is not illegal. This is especially a concern when bonus talk takes place. Telling them outside of work they could still hold you accountable. 37. Let's jump straight in. The NLRB found that the employer had improperly fired Teare for discussing salary issues, and she received two years' worth of back pay, plus the option of getting her job back. As for the former, the National Labor Relations Board has the authority to act on behalf of the affected employees. 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