Employers generally have the right to decide how long they retain the services of individual workers. Disciplinary issues, poor job performance and economic pressure on an organization can all theoretically justify the decision to terminate employees.
Organizations have the right to eliminate individual positions or engage in mass layoffs as necessary, often without providing workers with any advance notice. However, workers do have some legal protection. They should not lose their jobs because of discrimination or retaliation. Retaliation involves punishing a worker for engaging in a protected activity.
Is it legal for a company to fire workers who talk about their pay with others?
Company policies might contradict the law
Many businesses include provisions forbidding wage disclosures in their employee contracts, worker handbooks or training materials. The idea is to deter workers from disclosing details about their employment arrangements that could lead to worker dissatisfaction or attempts to enforce fair pay regulations.
Discussions about wages could lead to employees learning that certain groups of individuals do not earn as much as others with similar positions and credentials. Regardless of what company materials may claim, employees have a federally-protected right to discuss their wages and other working conditions.
The ability to inquire about a co-worker’s wages or disclose a salary is critical to the ability of workers to unionize. When employees are unaware that companies treat certain workers differently than others, they cannot hold the company accountable.
If employers terminate workers for inquiring about coworkers’ wages or disclosing their own pay, that conduct may constitute unlawful retaliation. Reviewing the circumstances of a recent firing with a skilled legal team can help employees push back against potentially wrongful terminations.