Was this wrongful termination?

[Childsm97]

What is the name of your state (only U.S. law)?
Florida

I worked at a restaurant and my first day I got asked what I was getting paid by a co-worker, so I told him and in response he told me his wage. A few days later I am talking to the one of the managers that interviewed me and I asked how much I would make when I finished training and became a manager, he answered my question then told me his wage. A week and a half later I get called into the office to be told that I am being discharged since I shared my wage with someone and that I am not allowed to talk about wages. She said it was an automatic termination. I didn't mention the other people who told me their wages including the other manager who was also in the office. I told her I have never heard that you cannot talk about wages and that it wasn't like that at my old job.

 

[Childsm97]

P.S. If I recall correctly, I believe the law states that a company cannot tell you that you cannot share wages and that you can't be fired over it, not even a manager. Correct me if I'm wrong but I do in fact feel I was wrongfully fired since I am legally allowed to share my wages.

 

[cbg]

Very, very weak maybe. It's not that there is a law stating that you cannot be termed for sharing wage information; it's that there is a general protection under the NLRA that allows you to discuss working conditions, which can include but is not limited to wage information.

However, I see at lease one problem with any claim you might file, which is that if you were management, it could be said that union protections do not apply. I"m not saying I agree, in this case, but I can easily see the employer making that defense and in Florida, it just might work. You're also in one of the worst possible states for wrongful termination claims based on any kind of wage issue.

Run it by the NLRB or an attorney if you like, but don't hold your breath. Make sure you file for unemployment immediately; don't waste time expecting a quick or easy resolution that might give you your job back because EVEN IF YOU PREVAIL, it's going to be a long haul.

 

[HC1432]

Very, very weak maybe. It's not that there is a law stating that you cannot be termed for sharing wage information; it's that there is a general protection under the NLRA that allows you to discuss working conditions, which can include but is not limited to wage information.

However, I see at lease one problem with any claim you might file, which is that if you were management, it could be said that union protections do not apply. I"m not saying I agree, in this case, but I can easily see the employer making that defense and in Florida, it just might work. You're also in one of the worst possible states for wrongful termination claims based on any kind of wage issue.

Run it by the NLRB or an attorney if you like, but don't hold your breath. Make sure you file for unemployment immediately; don't waste time expecting a quick or easy resolution that might give you your job back because EVEN IF YOU PREVAIL, it's going to be a long haul.

I think that the NLRA protections regarding concerted activities POSSIBLY apply to the conversation the OP had with the manager about the prospects of her future wages. However, I don't believe there are any NLRA protections against the employer taking action in regards to the conversation the OP had with the coworker in which wages were disclosed. As a result the employer did nothing illegal when they discharged the OP.

There are some states which have passed legislation banning employers from taking adverse action against employees for disclosing/discussing their wages. Florida is not one of them.

 

[cbg]

Thanks, HC.

 

[shegerianlaw]

Pay secrecy is a workplace policy that prohibits employees from discussing how much money they make. These policies are sometimes written down in employee handbooks. In some cases, those policies are implied, and managers simply urge employees not to talk about their salaries. Under the National Labor Relations Act, enacted in 1935, private-sector employees have the right to engage in "concerted activities for the purpose of collective bargaining or other mutual aid or protection." What Happens To Employers That Violate The Law?

Employers caught violating the law have to offer certain "remedies," which are typically "not very serious."

"It doesn't cost very much to violate the NLRA in most cases "and so employers aren't so afraid of violating it." But the National Labor Relations Board can order employers to provide back pay to wrongfully terminated employees and to offer former employees their old jobs back.

The president's executive order provides a penalty that goes beyond the labor board's punishments. Companies that do work for the federal government and retaliate against employees for talking about pay could now lose a federal contact, and a lot of money.

 

[I'mTheFather]

Pay secrecy is a workplace policy that prohibits employees from discussing how much money they make. These policies are sometimes written down in employee handbooks. In some cases, those policies are implied, and managers simply urge employees not to talk about their salaries. Under the National Labor Relations Act, enacted in 1935, private-sector employees have the right to engage in "concerted activities for the purpose of collective bargaining or other mutual aid or protection." What Happens To Employers That Violate The Law?

Employers caught violating the law have to offer certain "remedies," which are typically "not very serious."

"It doesn't cost very much to violate the NLRA in most cases "and so employers aren't so afraid of violating it." But the National Labor Relations Board can order employers to provide back pay to wrongfully terminated employees and to offer former employees their old jobs back.

The president's executive order provides a penalty that goes beyond the labor board's punishments. Companies that do work for the federal government and retaliate against employees for talking about pay could now lose a federal contact, and a lot of money.

If you're going to lift text from another source, you ought to credit the source.

http://www.npr.org/2014/04/13/301989789/pay-secrecy-policies-at-work-often-illegal-and-misunderstood

You might also want to be sure that doing so will add to the discussion.