ExpertLaw Forum - Help With Your Legal Questions
Employment Law Issues Employment and labor law topics not covered in other forums.

Reply
 
Thread Tools Display Modes
  #1  
Old 09-21-2006, 07:37 AM
civiscool civiscool is offline
Junior Member
 
Join Date: Sep 2006
Posts: 6
Default How is discussing wage grounds for termination?
In my office, we have discovered that each employee is given the impression that everyone starts at the exact same pay. But we are discovering that is not true. There as much as a 6.50 dollar an hour difference. There is no pattern. It's clearly not based on exerience or schooling. We can't figure out what it is based on. But in the past when someone approaches managment they get terminated for asking why. Reason given is as followed:"Colleagues are not allowed to discuss pay and it is grounds for termination."
How is this legal in the state of Oklahoma?
Reply With Quote
  #2  
Old 09-21-2006, 02:14 PM
GreatGadsby GreatGadsby is offline
Senior Member
 
Join Date: Mar 2005
Location: Florida
Posts: 435
Default Re: How is discussing wage grounds for termination?
is OK an at-will employment state? if so, they can fire you for anything that's not a violation of federal & state laws (like discrimination).
__________________
Criminals thrive on the indulgence of society's "understanding."
Reply With Quote
  #3  
Old 09-21-2006, 02:23 PM
aaron aaron is offline
Administrator
 
Join Date: Mar 2005
Location: Michigan
Posts: 26,972
Default Re: How is discussing wage grounds for termination?
At least one state, as of the last time I checked, has statutory protections for employees which extend to this type of restriction. On relatively brief review I don't see such a provision in the Oklahoma Statutes, but it's worth digging through it or checking with a local lawyer to see if there is a similar law or regulation for Oklahoma.
Reply With Quote
  #4  
Old 09-21-2006, 04:04 PM
aaron aaron is offline
Administrator
 
Join Date: Mar 2005
Location: Michigan
Posts: 26,972
Default Re: How is discussing wage grounds for termination?
The Michigan statute I had in mind:
Quoting MCL 408.483a Prohibited conduct.
(1) An employer shall not do any of the following:
(a) Require as a condition of employment nondisclosure by an employee of his or her wages.

(b) Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages.

(c) Discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages.
Reply With Quote
  #5  
Old 09-22-2006, 11:39 AM
cbg cbg is offline
Senior Member
 
Join Date: Jun 2006
Location: Massachusetts
Posts: 6,452
Default Re: How is discussing wage grounds for termination?
I can't provide a link, sorry. But at the Federal level, the National Labor Relations Board has determined that discussing wages is a protected activity, since it relates to the terms and conditions of employment, and discussing the terms and conditions of employment is protected as it relates to potential unionization.

So no matter what state you are in, since you have a protected right to discuss the terms and conditions of employment including wages, in deciding whether or not to unionize, you cannot be stopped from discussing wages.
Reply With Quote
  #6  
Old 09-25-2006, 07:29 AM
mlane58 mlane58 is offline
Senior Member
 
Join Date: Jul 2005
Location: Texas
Posts: 254
Default Re: How is discussing wage grounds for termination?
In NLRB v. Main Street Terrace Care Center, the Sixth Circuit Court of Appeals held that a rule prohibiting employees from discussing their wages with each other violated the NLRA even though the employees were not represented by a union.
__________________
Somedays you're the windshield, somedays you're the bug.
Reply With Quote
  #7  
Old 09-25-2006, 12:47 PM
cbg cbg is offline
Senior Member
 
Join Date: Jun 2006
Location: Massachusetts
Posts: 6,452
Default Re: How is discussing wage grounds for termination?
One caveat I should mention: I can tell mlane what I make, and mlane can tell aaron what he makes. But if I tell mlane what aaron makes, I'm out the door, and probably without unemployment.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off





Forum Sponsor
Similar Threads
Thread Forum Last Post
What Are Valid Grounds for Termination of a Tenancy Eviction 02-11-2010 08:43 AM
Forums Potentially Discussing Illegal Activities Computer Crime 01-21-2010 08:33 PM
Defamation As Grounds for Termination Defamation, Slander And Libel 10-27-2008 09:28 PM
Grounds For Early Termination Of Lease Landlord-Tenant Issues 07-10-2008 01:12 PM
Grounds for Termination of Parental Rights Abuse and Neglect 08-11-2007 02:51 PM



All times are GMT -7. The time now is 07:58 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2010, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2010 ExpertLaw.com, All Rights Reserved