Discussing salary with coworkers

Can You Be Fired for Talking About Salary While at Work?

Employees discussing their salaryHow much do you make for the work you perform? Are you confident you are being paid a fair amount for it? Such questions are common in the mind of employees in all fields and businesses, from the teenager working the register in a candy store to a high-level executive in a multinational corporation.

A simple way to find out if you are being paid correctly and fairly is talking about your salary or wages with coworkers. If you are making much less or much more than someone doing a similar job as you, then there might be a reason for someone to be upset enough to cause a fuss and demand a raise.

Is It Illegal to Discuss My Wages With Other Employees?

If you have been near a water cooler or in a break room in recent years, you have probably heard people claim that discussing salary at work can get you fired, or even that it is illegal. Is there any truth to this notion?

No, you cannot be fired for discussing your salary with your co-workers. The National Labor Relations Act (NLRA} protects the rights of workers to freely discuss their wages with other employees. Contact The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC if your federal employee rights were violated

What is the National Labor Relations Act (NLRA)?

Established all the way back in 1935, the NLRA made it illegal for an employer to fire an employee just for talking about wages at work. In 2014, President Obama signed an executive order – Non-Retaliation for Disclosure of Compensation Information – that helped further cement the NLRA’s power and importance. Due to these federal employment laws, you can converse with coworkers about how much each of you makes in a given pay period.

Where/When Can I Talk About My Salary?

The NLRA protects an employee's right to discuss their wages both at work and outside of work, on break, or during work activity. Employees can talk about their pay in face-to-face conversations and through written communication such as emails and texts. An employer may have policies that prohibit the use of social media during work hours or with work equipment, but they cannot prevent you from posting about your wages if you are using their own device.

Why Did the Rumor of Termination Start?

If the NLRA has been around for decades, then why do so many people wrongfully believe they can be terminated or penalized for talking about their salary at work? It is possible that employers and companies started the rumor intentionally to try to keep workers quiet about compensation. In a situation where employee A makes more than employee B for the same work, they will never know about it if they never talk about it, saving the company money. You might have even worked for a company that told you directly to not talk about wages, but this does not mean they have the authority to discriminate against you for doing so.

Disclaimer

The information in this blog is for general information purposes only. The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, is a federal civilian government employment law firm. Our federal employment team does not assist with unjust employment cases in private sector companies. To learn more about our services, you can review our recent victories or contact us for a free phone consultation.

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