Comment by ratg13
3 years ago
Sounds more like the company realized they messed up by not having an explicit social media policy for employees.
She would have been fired for this sort of thing at most large companies without getting approval first.
If they didn't have an explicit policy before hand though, then firing her over this was definitely a step too far.
Sharing your salary is protected by federal labor law, even if done over social media per the NLRB.
She should file a complaint with the NLRB, her state labor board, and hire an employment attorney to seek recourse. It’s the only way companies learn; you must apply economic pain and consequences.
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-right...
https://www.seattletimes.com/explore/careers/can-you-get-fir...
Sharing your salary is protected, but if you go to any media outlet as an employee of company X, you are acting as a representative of that company.
Typically the company will want to know and be involved if you are acting as their representative.
Two different things going on here.
TikTok is social media, not NPR or The Guardian. You will get laughed out of the room with that argument.
The NLRB and courts can sort it out, and at least the NLRB hasn’t been too fond of employer shenanigans and bad faith behavior as of late. An attorney quoted in the piece even mentions the person in question should contact an attorney, and she has nothing to lose and everything to gain by pursuing the employer through legal and regulatory mechanisms. What are they going to do, fire her more?
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That seems obviously false given the laws of usa.
What is obviously false?
Every company I've ever worked for has had employee guidelines stating "don't comment to the press or mention the company on social media without approval"
Is this not a thing in the USA?
Its illegal in the usa to prevent someone from talking about their salary. Most companies don't have policies that expose them to legal issues.
I also think that its debatable if indicating your salary or admiting to the fact you work somewhere, counts as talking to the press or mentioning the company, the way most people interpret that phrase. I mean, i'll admit that its highly debatable, but for example putting your resume on linkedin usually does not count as mentioning the company on social media.
Companies have "legal documents" that employees sign that often are not legally binding. Say, for instance, if they openly contradict federal law.
And that is not a new thing in the USA at all.
I guess it depends on the exact wording but usually clauses like that refer to speaking on behalf of the company. Otherwise it’d be a ban on LinkedIn altogether for example.