Can my boss fire me or write me up for talking to other employees about my pay?
No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your employment, such as pay, with co-workers. Your employer cannot discipline you for discussing it. Your employer cannot even make a rule or threaten to discipline you for it. If you experience this problem in Bedford, Fort Worth, or Dallas then you should contact an employment attorney to protect your job.
Texas and federal law protects the right to discuss pay with other employees
If you are discussing your pay with co-workers in a way that violates some other legitimate disciplinary rule at work you may be disciplined for that other reason even though you were invoking your rights under the National Labor Relations Act. For example, if you have the conversation during working hours, you likely could suffer discipline for insubordination or poor work performance for not doing your work. On the other hand, if employees commonly stand around talking while they are on the clock an employer cannot chose to discipline for pay-related conversations but not conversations on other topics. Similarly, the employer if the employer disciplines for standing around talking during work it cannot discipline pay-related conversations more harshly. The employer must act evenly to avoid discriminating against employees for exercising their rights under the NLRA.
Fort Worth and Dallas employment attorneys for wrongful termination
If your employer disciplined you for discussing working conditions or pay with co-workers you should contact my office to discuss. You may have remedies under the NLRA or other laws to protect your job and recover lost wages in Texas.
Adam Kielich is an employment attorney, divorce lawyer and principal attorney at The Kielich Law Firm in Bedford, Texas. The Kielich Law Firm represents clients in employment law and family law matters across the Dallas and Fort Worth area. Attorney Adam Kielich helps clients with employment discrimination, wrongful termination, overtime pay, FMLA, contested and uncontested divorce, modifications, QDROs and more.