| Employment Law Issues Employment and labor law topics not covered in other forums. |
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09-21-2006, 07:37 AM
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Junior Member
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Join Date: Sep 2006
Posts: 6
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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?
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09-21-2006, 02:14 PM
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Senior Member
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Join Date: Mar 2005
Location: Florida
Posts: 435
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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."
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09-21-2006, 02:23 PM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,972
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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.
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09-21-2006, 04:04 PM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,972
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Re: How is discussing wage grounds for termination?
The Michigan statute I had in mind:
Quoting MCL 408.483a Prohibited conduct.
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(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.
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09-22-2006, 11:39 AM
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Senior Member
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Join Date: Jun 2006
Location: Massachusetts
Posts: 6,452
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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.
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09-25-2006, 07:29 AM
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Senior Member
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Join Date: Jul 2005
Location: Texas
Posts: 254
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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.
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09-25-2006, 12:47 PM
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Senior Member
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Join Date: Jun 2006
Location: Massachusetts
Posts: 6,452
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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.
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