Good thing, because you are dead wrong.Originally posted by: GeekDrew
You do realize that it is illegal to be fired for discussing your salary, right? If they fire you for that, take them to court, and you WILL win.
(I am not a lawyer.)
Originally posted by: Reel
So how much is your salary at this company anyways?
Originally posted by: Pacfanweb
Good thing, because you are dead wrong.Originally posted by: GeekDrew
You do realize that it is illegal to be fired for discussing your salary, right? If they fire you for that, take them to court, and you WILL win.
(I am not a lawyer.)
Originally posted by: GeekDrew
Originally posted by: Nik
Originally posted by: ctcsoft
coworker of mine got fired for discussing his wage with another employee.
is this fair/legal?
There's no law that says you can't be fired for discussing your wages. That leaves it up to companies to put clauses in their employee handbook and other HR documentation to handle it. Some companies specify that discussing wages is against company policy and punishable by termination.
WRONG you are.
I happened to be researching nursing homes tonight, and discovered that there are federal laws that prevent termination on the basis of discussing wages. I happen to have a very good friend in Chicago that is a paralegal, and whose brother is a lawyer... I gave them a shout, and they both confirmed that most employers do not know that the law is on the books, and many attorneys are making a lot of money from settlements regarding terminations over wage discussions.
I suggest that if you still believe that you are prohibited from discussing your wages, please contact an attorney ASAP, that is well versed in employee and employer rights.
Here happen to be three links to the same case:
National Labor Relations Board,
Petitioner/Cross-Respondent,
v.
Main Street Terrace Care Center,
Respondent/Cross-Petitioner.
http://www.nlrb.gov/nlrb/shared_files/decisions/327/327-101.htm
http://caselaw.lp.findlaw.com/cgi-bin/g...se.pl?court=6th&navby=case&no=00a0218p
http://accounting.smartpros.com/x27337.xml
I'm assured by my legal friends that there is plenty of other case law out there that will assist employees that have been wrongly fired for the reason that they were discussing their pay with another employee or with anyone else.
Hope that someone finds this useful.
The Boston Herald, July 29, 2003
AT THE BAR; Suits target ex-employers for defaming
By Maggie Mulvihill
Fired workers are on a winning streak with lawsuits against their former employers - but not for being terminated. For being defamed.
Juries are awarding millions of dollars in damages to terminated workers who claim their former bosses libeled them through a bad reference.
It's a disturbing trend leading many corporate lawyers to advise clients not to give references, said Scott Witlin, an employment law specialist and Los Angeles-based partner with Proskauer Rose LLP.
"We advise our clients that the safest course is to confirm someone worked there and the dates of employment," Witlin said. "That's it."
An alarming "cottage industry" is springing up around this fast-fueling litigation, Witlin said.
From California to Maine, "reference check" companies "attempt to entrap former employers by posing as prospective employers recording and transcribing" what is said about a fired worker, giving ammo to lawyers suing for defamation, Witlin said.
"These investigators are helping to create the litigation," Witlin said. "People can get very creative when it comes to big-money litigation."
Big money indeed. A Texas jury awarded $ 1.5 million to a woman who claimed she was defamed by her former bosses at a medical center. She said they destroyed her reputation by writing a slanderous memo about her that ended up where others could see it on the hospital's computer.
Though a state appeals court recently reversed that decision, saying the memo contained only "opinions," that doesn't erase the hefty legal costs borne by the medical center to defend itself.
"Litigation in these cases is very, very expensive," Witlin said.
And in South Carolina, a doctor fired from a health care company after complaining about conditions there was awarded $ 30 million by a jury for his defamation claim - including $ 10 million in punitive damages.
The doctor claimed his former employer smeared him in comments made to colleagues and prospective employers after he was let go.
Though states have statutes that protect former employers who make truthful statements about an ex-worker, Witlin said disgruntled ex-employees will pounce on those "references" with as much vengeance as something said about them that was false.
"The problem is that the minute the truthfulness of the answer is questioned, you are back in litigation," he said.
"From a former employer's perspective, where is the upside in giving a reference?" Witlin said. "I could give a reference and state my reasons for firing the person and open myself up to litigation or I can say nothing and protect myself from a lawsuit."
Originally posted by: Future Shock
If you did not communicate at all to those 7 consultants that left other gigs with that agency, then by all means find a way (WRITE a letter, preferably) o let your new Director know that 70% of the people that have left are not people you even know or have been communicating with. Make it clear that that your ex-consultancy has a retention problem with it's staff, but that you are not the cause of it, despite the efforts to scapegoat you. As proof, only 3 of the ten that have left came from your site - and that is evidence of a larger problem with your old agency, not with you.
Next, tell you new dirctor that you DO understand that he requires resources that are sourced from this agency, and that you are a professional and have nothing to gain from harming that relationship. For that reason you have taken his admonishment to heart in terms of not communicating compensation to any other employees. While it is impossible to prove a negative, let your new director know that you would be very happy to have him call and talk directly with those other employees.
Lastly, ask him if there is anything else you can do to help him or to help him resolve this with the old agency.
All in all, I think your new company would be more impressed with the level of cooperation and maturity shown by this than by hiring a lawyer at this point. And they are who you have to please...not your old agency.
Future Shock
Originally posted by: Ulfwald
Originally posted by: dmcowen674
Originally posted by: GeekDrew
You do realize that it is illegal to be fired for discussing your salary, right? If they fire you for that, take them to court, and you WILL win.
(I am not a lawyer.)
What???
Most Company Policies state that discussing your salary with anyone is automatic termination.
I know it is a termination offense where I work.[
Same here
Originally posted by: GeekDrew
Originally posted by: Pacfanweb
Good thing, because you are dead wrong.Originally posted by: GeekDrew
You do realize that it is illegal to be fired for discussing your salary, right? If they fire you for that, take them to court, and you WILL win.
(I am not a lawyer.)
No, I'm not.
I am not a lawyer, but I've spoken with a handful of paralegals and attorneys about it, and they've all said that it is illegal to terminate based on discussion of salary. I've previously discussed this in this forum, in a thread about someone being fired for just that. Important information quoted below; link to original thread.
Originally posted by: GeekDrew
Originally posted by: Nik
Originally posted by: ctcsoft
coworker of mine got fired for discussing his wage with another employee.
is this fair/legal?
There's no law that says you can't be fired for discussing your wages. That leaves it up to companies to put clauses in their employee handbook and other HR documentation to handle it. Some companies specify that discussing wages is against company policy and punishable by termination.
WRONG you are.
I happened to be researching nursing homes tonight, and discovered that there are federal laws that prevent termination on the basis of discussing wages. I happen to have a very good friend in Chicago that is a paralegal, and whose brother is a lawyer... I gave them a shout, and they both confirmed that most employers do not know that the law is on the books, and many attorneys are making a lot of money from settlements regarding terminations over wage discussions.
I suggest that if you still believe that you are prohibited from discussing your wages, please contact an attorney ASAP, that is well versed in employee and employer rights.
Here happen to be three links to the same case:
National Labor Relations Board,
Petitioner/Cross-Respondent,
v.
Main Street Terrace Care Center,
Respondent/Cross-Petitioner.
http://www.nlrb.gov/nlrb/shared_files/decisions/327/327-101.htm
http://caselaw.lp.findlaw.com/cgi-bin/g...se.pl?court=6th&navby=case&no=00a0218p
http://accounting.smartpros.com/x27337.xml
I'm assured by my legal friends that there is plenty of other case law out there that will assist employees that have been wrongly fired for the reason that they were discussing their pay with another employee or with anyone else.
Hope that someone finds this useful.
I suggest you check out the three links, above.
I do not have more information than that available at the second, though I am assured by folks that know much more than I do that I am correct.
Originally posted by: MrX82
sue for defamation of character?
OK, I try to reserve these, but....Originally posted by: GeekDrew
I suggest you check out the three links, above.
I do not have more information than that available at the second, though I am assured by folks that know much more than I do that I am correct.
Threatening to sue your current employer is ALWAYS a great form of action to take!Originally posted by: Vegitto
Sue ABC, threaten to sue XYZ if they want to fire you. I know a good lawyer if you need one.
