Can My Employer in New Jersey Legally Fire Me for Discussing My Salary?
It’s a question that causes anxiety in workplaces everywhere: can you be fired for talking about your pay with a coworker? For generations, the topic of salary has been treated as taboo, a private matter not to be discussed in the breakroom or over lunch. Many employers have actively encouraged this culture of silence, leading employees to believe that discussing their wages is a fireable offense. This secrecy, however, often benefits the employer, not the employee, as it can hide pay disparities and suppress wages.
If you’ve ever felt a knot in your stomach at the thought of comparing salaries, you’re not alone. The fear of retaliation is real, but it’s crucial to understand that, in most cases, this fear is unfounded in the eyes of the law. Federal and state laws protect your right to discuss your wages and working conditions with your colleagues. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we believe that transparency is a cornerstone of a fair workplace. If you have been punished or terminated for exercising your right to discuss your pay, you may have a claim for unlawful retaliation.
Your Right to Discuss Pay Is Protected by Law
The primary law that protects your right to discuss your salary is the National Labor Relations Act (NLRA). Although many people associate the NLRA with unions, it also grants non-union, private-sector employees the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” This is a broad protection that includes the right to discuss wages, benefits, and other terms and conditions of employment with your coworkers.
Why is discussing pay considered “mutual aid or protection”? Because you can’t know if you are being paid unfairly if you don’t have information about what your colleagues are earning. When employees share wage information, they can identify potential pay discrimination, advocate for higher wages, and collectively work to improve their working conditions. The National Labor Relations Board (NLRB), the federal agency that enforces the NLRA, has consistently held that employer policies that prohibit employees from discussing their salaries are unlawful.
In addition to the NLRA, some states have their own laws that reinforce these protections. While New Jersey does not have a specific statute that explicitly grants the right to discuss pay, the principles of the NLRA are in effect, and any retaliation for such discussions would likely be considered a violation of public policy, potentially giving rise to a wrongful discharge claim.
What Kind of Salary Discussions Are Protected?
It’s important to understand that the protection for discussing pay is not absolute. The NLRA protects discussions that are part of a “concerted activity.” This means you are acting with or on behalf of other employees, not just for your own personal benefit. For example, if you and a coworker are discussing your salaries to determine if you are being paid fairly compared to others in your department, that is a protected concerted activity.
However, the protection may not apply in all situations. For instance, if you have access to confidential payroll information as part of your job duties (e.g., you work in HR), you may not be protected if you disclose that information to others. The key is whether the discussion is aimed at “mutual aid or protection.”
Here are some examples of protected salary discussions:
•Talking with coworkers about your wages to see if you are being paid fairly.
•Creating a spreadsheet with colleagues to compare salaries.
•Discussing pay with coworkers to prepare for a group request for a raise.
•Asking a coworker how much they are paid to help you negotiate your own salary.
If your employer has a policy, written or unwritten, that prohibits these kinds of discussions, that policy is likely illegal. If you are disciplined or fired for engaging in these protected activities, you should immediately consult with an experienced employment law attorney.
What to Do if Your Employer Retaliates
Retaliation for discussing your salary can take many forms. It could be an outright termination, a demotion, a cut in hours, a negative performance review, or any other adverse action that would dissuade a reasonable employee from exercising their rights. If you believe you have been retaliated against, it is crucial to take action.
First, document everything. Write down the details of the conversations you had about pay, who you spoke with, and when. Keep copies of any emails, performance reviews, or other documents that relate to the retaliation. If there were witnesses to the retaliation, make a note of who they are.
Next, you should seek legal advice. An attorney can help you understand your rights and determine the best course of action. You may be able to file an unfair labor practice charge with the NLRB or pursue a wrongful termination lawsuit. The deadlines for filing these claims can be short, so it is important to act quickly.
You Have the Right to a Fair and Transparent Workplace
Feeling that you have been punished for simply trying to ensure you are being paid fairly is a deeply unsettling experience. It can make you feel isolated and vulnerable. But you are not alone, and you have rights. The law is on your side when it comes to pay transparency.
At our firm, we are passionate about empowering employees and holding employers accountable for unlawful practices. We believe that a fair workplace is a transparent one. If you have been fired, demoted, or otherwise retaliated against for discussing your salary, we are here to help.
We encourage you to contact us for a free and confidential consultation. Let us review your case and explain your legal options. You don’t have to accept unlawful retaliation. Together, we can fight for your rights and work towards a more just and equitable workplace for everyone.
Frequently Asked Questions (FAQ)
Q: Can my employer have a policy that forbids me from discussing my salary?
A: No. Under the National Labor Relations Act (NLRA), employer policies that prohibit employees from discussing their wages and other terms of employment are generally unlawful. Such policies are seen as an infringement on your right to engage in “concerted activities for mutual aid or protection.”
Q: Does this right to discuss pay apply to all employees?
A: The NLRA’s protection applies to most private-sector employees. However, it does not cover government employees, agricultural laborers, independent contractors, or supervisors (with some exceptions). If you are unsure whether you are covered, it is best to consult with an employment attorney.
Q: What should I do if I was fired for discussing my salary?
A: If you were fired for discussing your salary, you should immediately contact an employment lawyer. You may have a claim for wrongful termination or unlawful retaliation. An attorney can help you file a charge with the National Labor Relations Board (NLRB) or pursue a lawsuit. It is important to act quickly, as there are strict deadlines for filing these claims.