The HR manager tried to convince me that the offer was competitive. She told me that she couldn’t offer more because it would be unfair to other paralegals. She said that if we did not agree to a salary that day, then she would have to suspend me because I would be working past the allowed temp phase. I insisted that she look into a higher offer and she agreed that we could meet again later. Before I left, she had something to add.
“Make sure you don’t talk about your salary with anyone,” she said sweetly, as if she was giving advice to her own son. “It causes conflict and people can be let go for doing it.” (This is to the best of my recollection, not verbatim.)
It wasn’t all that surprising to hear this from a corporate HR manager. What was surprising was the déjà vu.
Just three months earlier, some of my coworkers at the coffee shop told me that our bosses, who worked in the office on salaries, and even the owner, got a higher cut of the tips than we did. One barista told me that when she complained about it, the managers reduced her hours.
When you make minimum wage and have to fight for more than 30 hours per week, tips are pretty important, so I sat down with my managers to discuss the controversy. That’s when they told me not to talk about it with the other baristas. The owner “hates it when people talk about money,” my manager added, and “would fire people for it if he could.” I sulked back to the espresso machine, making my lattes at half speed and failing to do side work.
In both workplaces, my bosses were breaking the law.
Under the National Labor Relations Act of 1935 (NLRA), all workers have the right to engage “concerted activity for mutual aid or protection” and “organize a union to negotiate with [their] employer concerning [their] wages, hours, and other terms and conditions of employment.” In six states, including my home state of Illinois, the law even more explicitly protects the rights of workers to discuss their pay.
This is true whether the employers make their threats verbally or on paper and whether the consequences are firing or merely some sort of cold shoulder from management. My managers at the coffee shop seemed to understand that they weren’t allowed to fire me solely for talking about pay, but they may not have known that it is also illegal to discourage employees from discussing their pay with each other. As NYU law professor Cynthia Estlund explained to NPR, the law “means that you and your co-workers get to talk together about things that matter to you at work.” Even “a nudge from the boss saying ‘we don’t do that around here’ … is also unlawful under the National Labor Relations Act,” Estlund added.
And yet, gag rules thrive in workplaces across the country. In a report updated this year, the Institute for Women’s Policy Research found that about half of American employees in all sectors are either explicitly prohibited or strongly discouraged from discussing pay with their coworkers. In the private sector, the number is higher, at 61 percent.
Damn managers have definitely told me this before
Always reblog
adding to this on the subject of medical/family leave:
a coworker of mine (and integral part of a voluntary team he and I are the sole members of) had to have foot surgery and was told he’d need six weeks to recuperate. when he went to HR they told him his best option was to resign and then reapply for his same job after his 6 week recovery time.
he originally asked them if he could take those weeks as unpaid time off, and was about to take their “quit and come back” offer because they made it sound like the only option. this would have cancelled the very same healthcare he was using to pay for the treatment in the first place.
this is a fairly common tactic HR managers will try to use to scare workers out of taking any leave at all, or force you to reduce the amount of time you are “unproductive.”
it is also illegal under the federal Family and Medical Leave Act - http://www.dol.gov/whd/fmla/
you are entitled to twelve full weeks of (unpaid) time off to care for a family member or to recuperate from medical conditions. the explicit qualifying scenarios are listed on the website above.
you are entitled to keep your job and return to your position on completion. any repercussion/dismissal from your company is illegal. do not get bullied out of your job for medical treatments you or a family member needs. if you are in a situation where you are being forced to quit for a situation that qualifies under FMLA you should contact a lawyer.
TO REITERATE: IT IS ILLEGAL TO BE FIRED FOR DISCUSSING PAY WITH FELLOW EMPLOYEES. IT IS A TYPE OF WORKER/UNION SUPPRESSION.
