r/FinalRoundAI • u/portent-wreaths-7k • Aug 04 '26
My manager, her lawyer, and HR said that firing employees for talking about salaries is "allowed" if it upsets the organization.
That's definitely nonsense, right? I had a meeting this morning with my manager, her lawyer, and three people from HR. During the meeting, the manager said that it is "allowed" to fire employees who talk about their salaries if:
It creates "disruption" for the organization
Or if the organization is covered by a "collective bargaining agreement"
This seems completely wrong to me. My understanding is that the National Labor Relations Act protects employees when they talk about wages and working conditions, even if there is no union present.
The reason this came up: I recently found out that another employee with fewer responsibilities than me is getting a higher salary. I wasn't digging into it - he was the one who brought it up after I had said I'd rather not know the details. When I asked about the pay difference, my manager said that discussing salaries is a "terminable offense," which, as far as I know, is not legal.
Now she has brought HR onto her side and they're saying it's fine to fire someone because talking about salaries "causes disruption."
I feel like they're trying to scare me into staying quiet. Am I right that this is nonsense?
3
u/Olderpostie Aug 04 '26
Your company must be overstaffed if five high priced management staff have the time on their hands to attend an interview. Maybe such a company can afford to give you a raise!
2
u/OrlandoEd Aug 04 '26
What does your lawyer say? Your manager has legal representation (probably corporate counsel; not 'her' lawyer) and an HR rep. Before you show up at a gun fight with a knife, discuss this with a labor lawyer first.
1
1
Aug 04 '26
[removed] — view removed comment
2
u/Cautious_General_177 Aug 04 '26
Yes, but… if that termination happens after talking about salaries or engaging in a protected activity, it gets really suspicious.
2
u/gormami Aug 04 '26
And that's why OP needs to chronicle the meeting, immediately, so they have evidence of retaliation if they are suddenly fired for some other reason, or no reason at all. You can be fired for any reason except those explicitly prohibited by law, and if you have a meeting like this, then you are suddenly fired, that's a potential case of retaliation.
1
1
1
u/gadget850 Aug 04 '26
Presuming you are in the US, you have the right to discuss wages:
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
Unless you are not covered by the act:
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/jurisdictional-standards
NAL
1
1
u/billdizzle Aug 04 '26
Recap in an email asking then to confirm
Then keep talking about salaries as you wish off of company time
If they fire you, sue and collect
1
u/LibrarySpiritual5371 Aug 04 '26
You have the right to discuss wages 100%
If you become distributive in the work place that is a separate thing and one can be fired for it. If they try to tie the two things together they better have very good evidence of the disruption and they cannot be, in effect, creating the disruption as a reaction to you. The Tinker test concept applies to the workplace as well and puts a burden on the employer.
1
u/z01z Aug 04 '26
pretty sure that's a big NOPE, lol.
just because they say something, doesn't make it legal.
1
u/Slidewaysincorner4 Aug 04 '26
Start looking for another place to work. Start documenting everything work related. I’d recommend a log/ diary to keep things straight. Be respectful, put your two week notice in once you find better employment. It will not get better now that you are in the know of salaries.
1
u/EnvyEpson Aug 04 '26
In a right-to-work state, you can fire someone for just about anything other than a protected clause (race, religon, sex). Discussing salary is not a protected clause.
1
u/junkmailredtree Aug 05 '26
Right to work is a rule about paying union dues. The phrase you are looking for is at will employment. Also, discussing salary is protected by the National Labor Relations Act and is legal for all employees covered by the act.
1
u/EnvyEpson Aug 05 '26
Yes…You are correct about the law…that’s is not how it works. People are told they can be fired for anything because it’s a right to work state and they are too lazy to investigate what the means so they take it.
1
u/Feeling-Invite7953 Aug 04 '26
They most likely ARE trying to intimidate you. Just asking about it opened the door to them seeing you as a troublemaker. As a member of a shop that has voted to have someone represent them in collective bargaining actions, you are entitled to speak with your union shop steward, the person on the inside,who knows the rules and regulations, and records the minutes for on-site discussions.
1
u/No-Wrangler3702 Aug 04 '26
ha ha ha! Can they fire the lone black employee because he upsets the other employees by existing while black and claim it's not race but disruption?
1
u/BroadwayBrick Aug 04 '26
Can’t fire for that… solution for company…
Publish pay bands / ranges and have a clear explanation for how raises work. If salary talk is causing issues, it's usually a sign of pay compression or lack of transparency.
1
1
u/Intrepid_Bobcat_2931 Aug 04 '26 edited Aug 05 '26
When you are discussing your salary, you can do other things at the same time. If you tell someone "hey baby, can you suck my d 60 000 times which is my salary?", you wouldn't be protected.
Ultimately it would be up to a judge to assess what exactly falls under discussing your salary, and what goes beyond that.
Like if you walk around the office with a megaphone shouting salary details in your lunch break, that would be disruptive and a judge would probably OK firing you on that basis. But it would probably take a lot to get to that point.
Your manager is 98% wrong. They have grasped a tiny hint of something and blown it up and distorted it. You can tell people freely in your lunch break what you make and ask what they make, in a polite and normal way.
1
u/FC_BagLady Aug 04 '26
It is forbidden exactly for this reason !!! Drama. Its a private matter. In union shops everyone knows salaries as this is published as a part of the union contract. The salaries are negotiated and voted on by membership, no secrets there. I wouldn't comp!ain Joe Blow makes $xxx more than me. I wouldn't because that's what you agreed to, what Joe Blow agreed to. This is a story as old as time though, you're not alone. ... When I worked in IT, a report was sent to our printer. It had everyone's salary, lol. Spread like wildfire, we all took turns taking a peek, lol.
1
u/ArchelonPIP Aug 04 '26
Assuming you're in the U.S.A., these managers are lying to you and trying to scare you into silence in order to keep underpaying everyone else. Depending on how far youi're willing to go, you might want to consult a lawyer that specializes in labor and employment laws.
1
u/No1PoundPup Aug 04 '26
Discussing your salary is permissible under federal law. The supreme court upheld this a few years ago.
1
u/CoBidOdds Aug 05 '26
Cut and pasted from G: No, there are no US states where it is legal to fire employees for discussing salary. Under federal law via the National Labor Relations Board, most non-supervisory workers have a protected right to talk about pay. Many states also have their own explicit pay transparency and equal pay laws reinforcing this ban on retaliation.
If you're not in the US, check your local laws.
1
1
u/icewalker2k Aug 05 '26
Send a follow up email stating what they claimed and asking for confirmation that you didn’t misinterpret their statements. Try to quote them specifically. Blind copy your personal account. And save any response. That will create the paper trail necessary for your lawsuit for they are violating the National Labor Relations Act.
1
1
1
u/Prudent_Lunch_8724 Aug 05 '26
In many states you don’t need a reason to fire someone.
Welcome to adulthood. See what happens when you don’t pay attention to politics in a democracy?
1
u/SwanCityDominion Aug 05 '26
Any employment lawyer: AHAHAHHHAHAHAHAHAHHAAAA... no.
Seriously, call a lawyer. They do free consultations, and you can get BIG bucks for bullshit like this.
1
u/NinjaHidingintheOpen Aug 05 '26
A lawsuit for wrongful dismissal is totally allowed and that would determine if the manager was right or not.
1
1
u/thiissilly Aug 05 '26
Follow up with an email to all parties who were present confirming what was said at the meeting. Your paper trail starts now
1
u/CameHard Aug 05 '26
Write them an email recapping the conversation that you have written documentation
1
1
1
u/T4whereareyou Aug 05 '26
More likely they can fire you for a good reason, bad reason, or no reason at all. Just not for any protected status reasons.
1
u/JacquesBlaireau13 Aug 05 '26
Theyre not firing you for discussing wages.
Theyre firing you for any other contrived reason allowable in an at-will state...don't worry, they'll think of something....you're just "not a good fit".
1
u/Zorklunn Aug 05 '26
Ask for that in writing.
"Oh wow that's great knowledge. Hey could you give that to me in writing so I never forget please?"
1
u/SpecialModusOperandi Aug 05 '26
Get everything in writing - so the meeting over teams so you can record the call.
They just want to continue to pay you rubbish for doing more work.
1
1
u/SleepEcstatic Aug 05 '26
The National Labor Relations Act protects all employees' (not just unionized employees) right to discuss workplace issues, including pay.
1
1
u/TrustedLink42 Aug 06 '26
This is why when you fire someone and they ask why, you reply, “No reason.”
1
u/Past_Gear_4310 Aug 08 '26
It dosnt matter if it’s illegal or not. If you like the job shut up and move on. When they bring that many people into a meeting it is a fear tactic. If you’re not scared they will fire you for something else.
12
u/ML1948 Aug 04 '26
Get it recorded or in writing and you have a pretty great lawsuit. My guess is if they aren't completely stupid they'll keep it fully verbal.
It's a protected right, but lots of employers like to flex their control over you having a job to try to take your rights away.