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  1. #1

    Default Employee Forced into Confidentiality Agreement

    My question involves labor and employment law for the state of: Massachusetts

    Is it legal for an employer to force an employee into a closed-door meeting to discuss the employee's performance issues and force the employee to agree to confidentially? They are told saying anything about their case will result in immediate termination. Is this employee truly not allowed the right to record this meeting if they inform those who will be present of the recording beforehand? Can they not take notes or bring their own witnesses? Can they refuse to meet under these terms?

    This employee sent out an open email to everyone in the company stating her opinion on the company's termination policy, which is strict and sketchy. She has been suspended without pay until the investigation is over, which at that time, she may be fired. This is a large grocery chain known for their fear of anti-unions, so the employees have no representation right now, and I believe they are weeding her out as they find her to be a threat.

    Thanks.

  2. #2
    Join Date
    Dec 2007
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    Default Re: Employee Forced to Confidentiality/ Ma

    In the future, please do not use bold font; it makes your post very hard to read.

    The employer can prohibit you from recording the conversation; it's their property. They cannot prohibit you from taking notes. They CAN prohibit witnesses unless Weingarten rights apply (union only). Under the NLRA, the employer cannot prohibit or otherwise prevent employees from discussing their work situation among themselves.

    This employee sent out an open email to everyone in the company stating her opinion on the company's termination policy, which is strict and sketchy. She has been suspended without pay until the investigation is over, which at that time, she may be fired.
    However, this employee was really stupid to use company equipment to blast email disparaging the company to everyone in the company. If she wanted to discuss it one on one, on their own time, she could have done that. Or employees could have gotten together, on their own time, to discuss it. Those are protected activities. But to use the company email to blast company policies was just, to be blunt, dumb.

    Now, if she wants to contact the NLRB and get their opinion, she is certainly free to do so. Or to contact an attorney. I would not, however, be terribly optimistic about her chances of staying employed.

  3. #3

    Default Re: Employee Forced to Confidentiality/ Ma

    Thank you for your feedback. I apologize for the boldface- thought I had read in the forum guidelines to use italics or boldface when posting.

    To clarify, "blasting", I feel, is a strong discriptive word to describe what she did. Our company has in their policy book a declaration which states the company embraces an "open-door communication policy", which states, employees are welcome to discuss anything at anytime with anyone. They tout this as one of the great reasons to work for the company. Perhaps they should not be encouraging this behavior or at minimal, outline the stipulations under which they welcome this. She had already discussed this with individuals on a store management, and when over a year had passed with no response, she wrote a formal letter.

    The letter she wrote simply stated the negative impact their termination policy was having on the employees and the company as a whole. She stated a feeling the whole store was having. Employees can be fired for being late during snowstorms, or calling out sick, even if they have medical notes. She recommended in a very professional tone that they review the termination policy. In the letter, she spoke very highly of the company, as well. She sent the letter to central management and CC'd this letter to all those within our particular store, noting to feel free to agree or disagree with her position. Im not sure what gathering up a group outside of work would do, other than look like she was trying to unionize, which she definately was not.

    I am uncertain how voicing your opinion about a company policy to the company in a public forum, especially if it is done in a tasteful way, is an unprotected act, as it sounds like you imply. Is this truly and literally not a protected act? I agree, if anything, she acted naively. I wonder, though, how exercising one's rights within the workplace could ever be a stupid thing. Pardon my naivete as well, but would that not qualify simply under, Freedom of Speech? If you could, please clarify on what grounds they could fire her?

    RE: Confidentiallity- Are you saying she can discuss anything regarding this incident, prior to or after this meeting, to whomever she wants, on or off the clock? The company legally cannot threaten to fire her for doing so? Just want to make sure Im understanding that correctly. Also, is there a reference to that legal right I can refer to? I would like to have the actually wordage to refer to it if they take issue.

    Thank you again!


    Thank you.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Employee Forced to Confidentiality/ Ma

    Was it a public forum or was any part of the system owned or controlled by the company; i.e company e-mail system; company computer systems; etc.


    Employees can be fired for being late during snowstorms
    ,quite legal

    or calling out sick, even if they have medical notes.
    quite legal unless FMLA applies.

    Bottom line: your friend made herself a target and the company took the shot.


    RE: Confidentiallity- Are you saying she can discuss anything regarding this incident, prior to or after this meeting, to whomever she wants, on or off the clock? The company legally cannot threaten to fire her for doing so?
    that is a big; maybe. A company does have rights to confidentiality under certain circumstances and violating those rights could not only be justification for termination but even civil legal action.

    Not implying that is such in this case but be very cautious about the companies confidential records, acts, practices, etc. If anything of the sort was part of the discussion, they do have a right to demand that remain confidential.

    oh, as to the "on the clock"; NO. You can do exactly what your employer allows you to do while on their time. They are paying for your time and have a right to control you so tightly that most people do not believe it would be legal.

  5. #5

    Default Re: Employee Forced to Confidentiality/ Ma

    "Under the NLRA, the employer cannot prohibit or otherwise prevent employees from discussing their work situation among themselves." - Does anyone have the actual NLRA rule that states employers cannot prohibit or prevent employees from discussing their work situations among themselves. By any chance, does this apply only to unions?

  6. #6
    Join Date
    Dec 2007
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    Default Re: Employee Forced to Confidentiality/ Ma

    It applies to all workplaces.

    Start here.
    http://www.nlrb.gov/

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