I Was Fired For Discussing Wages

In California and throughout the United States, employees generally have the right to have salary discussions with one another. This right is protected by the National Labor Relations Act (NLRA), which prohibits employers from implementing policies or taking actions that prevent employees from discussing their compensation with other employees. However, misunderstandings around wage discussions and employer retaliation still occur, which can lead many employees to question their rights in discussing pay.

Why Wage Discussion is Protected

The NLRA, overseen by the National Labor Relations Board (NLRB), ensures that employees have the freedom to discuss wages, pay equity, and other working conditions. This applies to most private-sector employees and is meant to empower workers to advocate for fair treatment and be treated fairly, address pay scale discrepancies for the same job, and organize collectively if desired. California is known for its strong labor protections and further emphasizes these rights. The state has passed additional legislation to prevent retaliation against employees who openly discuss wages.

Exceptions to the Rule

While salary talk is protected for most employees, some exceptions may apply. High-level supervisors, for example, may not always have these rights if they fall outside the NLRA’s scope. Additionally, some businesses attempt to limit wage discussions by using policies that discourage conversations around compensation; however, such policies are typically unenforceable under the NLRA. If an employer terminates or penalizes an employee solely for discussing wages or an unfair labor practice, it could be considered illegal retaliation.

California’s Labor Code Section 1197.5

California Labor Code Section 1197.5 reinforces federal labor law, specifically banning employer policies that prevent employees from discussing or disclosing their wages. It also protects employees from being terminated, suspended, or disciplined for engaging in such discussions. Employers may not prohibit employees from discussing wages and are encouraged to foster transparency rather than creating an environment of secrecy around pay. Violating these protections can lead to legal consequences for employers, including fines and possible civil penalties.

What to Do If You’re Terminated for Discussing Wages

If you believe you were fired or faced retaliation for discussing wages, call the employment attorneys at Lawyers for Justice, PC (LFJ) to explore your options. The NLRB can investigate claims of unfair labor practices, and California’s labor laws support employees in filing claims for wage discussions. These protections aim to encourage wage transparency, reduce wage gaps, and promote fair compensation practices across industries. LFJ also offers a free consultation and doesn’t get paid unless they win the case.

Can Employees Discuss Wages? – FAQ

can employees discuss wages? Under the National Labor Relations Act (NLRA), employees have the right to communicate with their coworkers about their wages.

is it illegal to discuss wages? No; employees have the right to have such conversations about salaries and salary ranges.

can you get fired for asking for a raise? California is an at-will employment state, and thus, an employer can terminate an employee at any time for any reason or no reason at all, so long as it’s not unlawful. It could depend on the exact situation. If an employer fires a worker for discriminatory reasons, then they may be liable for penalties.

can you discuss pay at work? Employees can discuss pay at work without the fear of being fired.

can you be fired for discussing salary? You typically cannot be fired solely for discussing wages since it is a protected activity by the National Labor Relations Board.

can you be fired for talking about pay? Discussing pay protects employees rights in certain cases, so it is a legal action.

is it illegal to tell employees not to discuss pay? Under the California Equal Pay Act, it states: “An employer may not prohibit an employee from disclosing his or her own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise rights under the Equal Pay Act.”

is it illegal to discuss pay with coworkers? No.

can you discuss wages at work? Employees are allowed to have a wage discussion at work.

can employees discuss wages in california? Yes.

is it illegal to prevent employees from discussing salary? Under the California Equal Pay Act, employers should not discourage employees, or make employees feel like they cannot discuss their pay.

can my employer fire me for discussing wages? Federal law prohibits an employer from disciplining or firing their employees for discussing their pay and benefits with coworkers.