Should It Be Legal To Fire An Employee If They Share Their Salary w/Another?

Should It Be Legal To Fire An Employee For Sharing Their Salary?


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Should it be legal for an employer to fire an employee if they share their salary/pay/wage with another employee?

Yes or no?

And why?

It should be up to them what they do with their salary.
Up to who to do what with their salary?

If an employee tells someone how much they make, that's not the employer doing anything.

Unless you're suggesting that an employer should have the right to control what their employees say.
 
Should it be legal for an employer to fire an employee if they share their salary/pay/wage with another employee?

Yes or no?

And why?

It should be up to them what they do with their salary.
Up to who to do what with their salary?

If an employee tells someone how much they make, that's not the employer doing anything.

Unless you're suggesting that an employer should have the right to control what their employees say.

Up to the employee.
 
Under Section 8(a)(1) of the National Labor Relations Act, an employer cannot prohibit employees from discussing their salaries or benefits, or discipline them for doing so.

In short, you cannot be prevented from disclosing your salary to other employees or for receiving that information from your fellow employees. If you are disciplined, you can file a complaint with the NLRB and you will be vindicated.

I looked up the NLRB.


Here is Section 8(a)(1):
"UNFAIR LABOR PRACTICES

Sec. 8. [§ 158.] (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer--

(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157 of this title];"

Here is Section 7 (referred to in the above quote):

"Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title]."


Here is the link for the text of the NLRB: National Labor Relations Act | NLRB

Maybe you can find the section that does what you claim?

Good research.
 
Should it be legal for an employer to fire an employee if they share their salary/pay/wage with another employee?

Yes or no?

And why?

Only a commie like you should ask such an absurd question. Other than the slippery slope that would cause. I mean you make not allowing a boss to fire over an employee telling what he makes to other, then what is next. Not firing an employee for showing up late for work?

There are many sound reasons for not allowing this!
Name three.
 
Should it be legal for an employer to fire an employee if they share their salary/pay/wage with another employee?

Yes or no?

And why?

Only a commie like you should ask such an absurd question. Other than the slippery slope that would cause. I mean you make not allowing a boss to fire over an employee telling what he makes to other, then what is next. Not firing an employee for showing up late for work?

There are many sound reasons for not allowing this!
Name three.

I already did. Refer back.
 
Sure I can.

#1 - It allows me to reward employees for putting forth extra effort without me having to explain it to other employees or without other employees.

#2 - It allows raises to be based on individual work without it appearing to be punishment for those who only do what is required.

#3 - What an employee is paid is between the employer and the employee. Some skills and knowledge is worth more. as an example, I was hired as a field inspector for an engineering firm overseeing a fiber optic build. In addition to my experience as a lineman and supervisor, I had a decade of safety experience. That was not technically part of my job description, but it was put to use on occasion. My employer saw that as being worth a bit more pay than the other inspectors received. There was no formal rule against sharing salary info, but he asked that I keep it to myself. I would have anyway.
The reason to advocate secrecy especially in a factory is to repress collective bargaining. Your reasons can exist without repression of information. Employees discussing pay issues has nothing to do with performance based pay. In fact, performance based pay works better (as does everything else) when information is shared rather than suppressed.
 
Sure I can.

#1 - It allows me to reward employees for putting forth extra effort without me having to explain it to other employees or without other employees.

#2 - It allows raises to be based on individual work without it appearing to be punishment for those who only do what is required.

#3 - What an employee is paid is between the employer and the employee. Some skills and knowledge is worth more. as an example, I was hired as a field inspector for an engineering firm overseeing a fiber optic build. In addition to my experience as a lineman and supervisor, I had a decade of safety experience. That was not technically part of my job description, but it was put to use on occasion. My employer saw that as being worth a bit more pay than the other inspectors received. There was no formal rule against sharing salary info, but he asked that I keep it to myself. I would have anyway.
The reason to advocate secrecy especially in a factory is to repress collective bargaining. Your reasons can exist without repression of information. Employees discussing pay issues has nothing to do with performance based pay. In fact, performance based pay works better (as does everything else) when information is shared rather than suppressed.

I am not advocating such secrecy being required by the employer. I do not share my salary info as rule. But I also know that finding out someone else got a raise or a bigger raise can easily cause discontent and bad attitudes which can do great harm to a work environment. It becomes contagious.

Having only worked in a factory type setting once (for a few months), I am not familiar with how discontent spreads there. But the OP said nothing about factories.
 
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Sure I can.

#1 - It allows me to reward employees for putting forth extra effort without me having to explain it to other employees or without other employees.

#2 - It allows raises to be based on individual work without it appearing to be punishment for those who only do what is required.

#3 - What an employee is paid is between the employer and the employee. Some skills and knowledge is worth more. as an example, I was hired as a field inspector for an engineering firm overseeing a fiber optic build. In addition to my experience as a lineman and supervisor, I had a decade of safety experience. That was not technically part of my job description, but it was put to use on occasion. My employer saw that as being worth a bit more pay than the other inspectors received. There was no formal rule against sharing salary info, but he asked that I keep it to myself. I would have anyway.
The reason to advocate secrecy especially in a factory is to repress collective bargaining. Your reasons can exist without repression of information. Employees discussing pay issues has nothing to do with performance based pay. In fact, performance based pay works better (as does everything else) when information is shared rather than suppressed.

I am not advocating such secrecy being required by the employer. I do not share my salary info as rule. But I also know that finding out someone else got a raise or a bigger raise can easily cause discontent and bad attitudes which can do great harm to a work environment. It becomes contagious.

Having only worked in a factory type setting once (for a few months), I am not familiar with how discontent spreads there. But the OP said nothing about factories.
I cited factory work rather than professional work because factory workers often perform the exact same tasks as many of their colleagues. Plus, there are laws to ensure that a woman, for example, makes the same as a man while performing the exact tasks her male counterpart is performing. Secrecy makes it tougher to make sure the pay is equal, thus complying with the law.
 
Should it be legal for an employer to fire an employee if they share their salary/pay/wage with another employee?

Yes or no?

And why?

It should be up to them what they do with their salary.
Up to who to do what with their salary?

If an employee tells someone how much they make, that's not the employer doing anything.

Unless you're suggesting that an employer should have the right to control what their employees say.

There are plenty of examples of employers telling employees what they cannot say.
 
Ok, someone clarify for me. Is this asking about someone giving money to a coworker or telling a coworker how much they make?
It's pretty clear WinterBorn, it's simply telling your co-worker how much you make.

Should that be a legally terminatable offence, legal, yes or no?

No, it's not perfectly clear at all. The first thing I thought of when I read the thread title was, "under what circumstances would I ever want to give part of my salary to another employee"? What you SHOULD have said was: "Should it be legal for an employer to fire an employee if they share the amount of their salary with another employee."
 
It should be up to them what they do with their salary.
Up to who to do what with their salary?

If an employee tells someone how much they make, that's not the employer doing anything.

Unless you're suggesting that an employer should have the right to control what their employees say.

There are plenty of examples of employers telling employees what they cannot say.
I know.

I'm not suggesting that the DON'T exist, I'm suggesting that they SHOULDN'T.
 
This actually happened to me -

I was hired at more money than someone else in the 3 person office. I was told not to talk to anyone about my salary but, when I was asked by the one who was making less, I did. I was promptly called to the HR office and my pay was lowered to match the other person's.

This was in NYC in 1969. At the time, the company was the second largest textile firm in the world and was screwing over their employees in textile factories as well. They could certainly have afforded to do the honest and upstanding thing - raise the former employee's pay. In this case, the difference would have been $10 a week.

Its the advantage of the employer if they can keep employees at odds with each other. If employees would stick together, they could force sneaky and dishonest employers into a position of integrity.

Right. It's all about pitting employee against employee so the employer can divide and conquer.
 
Up to who to do what with their salary?

If an employee tells someone how much they make, that's not the employer doing anything.

Unless you're suggesting that an employer should have the right to control what their employees say.

There are plenty of examples of employers telling employees what they cannot say.
I know.

I'm not suggesting that the DON'T exist, I'm suggesting that they SHOULDN'T.

There are plenty of examples of things employers will not allow employees to say. Whether discussing their salary is part of that is debatable.
 
The NLRB has ruled that the exchange by employees of salary information is one of the activities covered under Section 7. It doesn't explicitly say, "Employees can exchange salary information," but anyone familiar with labor law knows that exchanging salary information is, "engag[ing] in other concerted activities for the purpose of...mutual aid or protection..."
 
I was an assistant store manager at Hill's Department Store in Bridgeport, WV, in 1975. There were four of us. We were told absolutely NOT to discuss compensation.

I quit to take another job, and the assistants took me out to lunch.

We had all come to Hill's from different directions, and we all assumed that the others were making more than we were. I had come in through a recruiter, one had come up through the ranks from stockboy, and another one had been hired right out of college, with a Marketing degree.

We were all making within $10/wk of each other.
 
Well it's always a topic of discussion and debate too... There are more laws and regulations on the disclosing your salary bar to the other employees like " The National Labor Relations Act says that employers cannot prevent employees from discussing wages and working conditions among themselves. The idea is that employees need to be free to organize, and preventing them from discussing these topics would prevent them from organizing." so there is nothing wrong in it.... Now I get a job from one of the most authenticate job portal in Australia and they do not lend such terrible conditions on me...
 

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