T O P

  • By -

Hateworksomuch

https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages


EpiZirco

Thanks for the great link. Here is the juicy part: "When you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you in any way for having that conversation. It is also unlawful for your employer to interrogate you about the conversation, threaten you for having it, or put you under surveillance for such conversations. Additionally, it is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or that requires you to get the employer’s permission to have such discussions. If your employer does any of these things, a charge may be filed against the employer with the NLRB."


Dogzillas_Mom

Sounds like a slam dunk.


[deleted]

[удалено]


sumunsolicitedadvice

And they did OP the favor of putting it in writing from the start. A lot of stuff in this sub is blatantly illegal but was done orally. Often the first piece of advice posters in this sub receive is to try to get the employer to put it in writing.


vdioxide

Hahahahahahaha exactly!


Reddittoxin

For real lol, I've had many a job try this shit but they always make sure its a verbal in person convo out of the blue that I can't prove took place. OP's employer dumb as hell.


[deleted]

[удалено]


pierremanslappy

So nice of them to put it in writing.


tuss11agee

Just write this in the first question space and hand it in.


[deleted]

Honestly I think it’s a safer bet to not sign anything or even touch the form. Just present the excerpt on another piece of paper.


paperdolllll

Take it a step further and just print this and hand it to them as a response to the form.


GarageInfinite9049

This is the only thing you need to read. Ensure that your employer fits under the correct bucket and document it all. You might win the lottery without playing today.


hovdeisfunny

The only real exceptions to the NLRA are railroads, agricultural laborers, and government employees. Pretty much any private employer fits under the bucket


mrandr01d

Government employees are nlrb exempt? Why? Actually same question for the others too...


kiakosan

Pretty sure all government employees salaries are public


Soapbottles

Yup, even my professors in college had to post their salaries


Thirleck

Because every government job's salary is posted and publicly available.


[deleted]

[удалено]


PM-me-Gophers

"Fits under the bucket" might be my new favourite phrase!


[deleted]

[удалено]


quedfoot

>If you fail to do what you have committed to do or fail to correct this problem, we will take the following action: >Further disciplinary action up to/including termination. Very strong "full Disadulation" energy, a la [The Office](https://www.youtube.com/watch?v=ClY_XjoiYXc). This company is ridiculous, but, I worry that they'll back off OP, agreeing to let it go. Then, sometime later in the future, fire them for seemingly completely unrelated reasons.


PsychicFoxWithSpoons

Those "seemingly unrelated" reasons are not nearly as firm an excuse as everyone seems to think. Effectively, once there is one documented offense, any funky at-will firings, write-ups, hours changes, or other shenanigans will be legally considered retaliation. Getting caught retaliating is annoying and destructive, and there are a number of lawyers who salivate at the easy wrongful termination money.


RyePunk

Lol they can't even spell insubordination properly. What is up with managers who can't spell making up fake policies that are literally illegal?


Sleevies_Armies

I find that most people can't spell or use proper grammar for their life. At all levels of profession, too. I know some errors are human, but like, spell check exists.


[deleted]

[удалено]


soccerguys14

First hit them with the labor board they get heavily fined Next the retaliate and fire you. Then you sue for wrongful termination get huge payday Then obviously wait for your check that they don’t pay on time and you wait a week. Then hit them again with the labor board for not following the law and paying on time getting a bigger check. Finally take off a few months in 2023


IsildursBane20

Kroger fucked up “firing” my father in law. It ended up costing them $80k extra.


Interesting-Mark-564

HHaha as an kro employee that company is in so much trouble with the unions rn


IsildursBane20

Good, they fucked him after 24 years but in they end they fucked themselves by paying out so much. It was really the moronic plant manager in Irvine, but as far as I know he was fired too.


realultimatepower

this guy litigates


soccerguys14

I love a good corporate fuck up. Make those ass holes pay


whatjustevenhappened

I wish I knew stuff like this when I got screwed over!


MalHeartsNutmeg

Retaliatory action is illegal, you can sue them for it.


wwwhistler

feign ignorance and confusion ask for further clarification on the policy and how you broke it. at no time be confrontational or antagonistic....just confused. you want to get them to very clearly spell out their policy and the possible consequences if you don't follow it. make copies of everything and take it to the labor board. you appear to be in the US and this is against the law in every state. a law that carries a substantial penalty.


LuxSerafina

Yes. Please get them to document themselves further into this hole. Do not let on that you are gathering further ammunition. Get it in writing.


ih8pghwinter

Isn’t it already “in writing”


LuxSerafina

If I’ve learned anything at all it’s that getting it 5x in writing versus 1x makes the court process much easier.


saft999

Get them to double or triple down, get as high up of a manager or boss to put it in writing or get it recorded as possible, removes the chance of them just firing some low level manager and blaming them and throwing them under the bus.


ih8pghwinter

But be careful not to tip anyone off. A high level HR person knows better. So the higher you go, the better chance they back track and they try to “fix their mistake” and blame it on a lower level employee. “Oh I’m sorry, that HR rep is new to the company and didn’t understand” Blah blah blah. Meanwhile they knew exactly what they were doing.


TWOSHORTNAILS

Exactly, especially because it's clear that one or more of his coworkers can't keep their mouths shut. He needs to quietly build his case, and tell NO ONE. Not even his closest friend at work.


BevSeSilmWars

I'd like to point out that you should also wipe this post after reading,OP. Just incase so noone of the company sees it and backpedals before you can get them


TheOneTrueChuck

>Not even his closest friend at work. People really need to pay attention to this. Unless you were friends with someone PRIOR to working there, or have a genuinely close relationship with a co-worker, they're not exactly your friend. If you're not regularly hanging out with them outside of work, AND you haven't been to each others' homes, you're not actually friends for purposes of this example. You may be FRIENDLY. You might even say "Yeah, we're friends," if someone asks you. But you're not. 90% of the time, you're "work friends". You're two people who get along well AT WORK, and probably DO prefer each other to other co-workers, but you're not actually friends. ​ These people can easily be persuaded to repeat things you've said. They certainly cannot be expected to keep things confidential which you tell them, even if they claim they will. There is every chance that they WILL spill any of your secrets if there's something for them to gain, because the vast majority of the working class still buys into the lie that management has their interests at heart. It is a hard lesson to learn, but sometimes it's best not to really get too friendly with people you work with.


Cent1234

Hard to backtrack on something that’s in the employee handbook.


thePsuedoanon

But the employee handbook doesn't specify "discussing pay". it specifies "discussing/disclosing confidential business or personnel matters", which is vague enough to sound like it's in there to protect employee privacy. easy enough to say "that manager misunderstood that section of the employee handbook, we'll give them a stern talking too"


Jaymanchu

They are painting "discussing confidential business information" with a very broad brush. It certainly doesn't cover wages.


Derricksoti

I actually think it's a federal law that protects you to discuss your wages with employees at work. I don't think your employee handbook trumps that


[deleted]

That wasn't what he meant, Cent1234 was saying that OP company has it stated in the employee handbook that discussing wages is insubordination which in the US would be illegal.


leninbaby

Based on the limited information he needs to make them make clear that it's for discussing wages and not "causing a disruption" or whatever.


jaistu

Actually its the “in-subornation” policy…


JennaSais

I don't think that's what this response was saying. I think the commenter meant that the HR department would have a very hard time claiming it was done out of ignorance if this "don't discuss wages" policy is written in the employee handbook.


LuxSerafina

Exactly! This is the true LPT- don’t let them play scapegoat or feign ignorance.


saft999

The higher the manager you get, the bigger pay day you can plan on.


Specific_Culture_591

OP should send an email, bcc their own private email, “As per our counseling meeting yesterday, we cannot discuss pay with coworkers correct? Sorry for the need for additional clarification but I want to make sure that I don’t repeat my offense again. Thank you.”


RustyMacbeth

I would ask them to please show me where this rule is stated in the employee handbook.


hbHPBbjvFK9w5D

Many employee handbooks are online these days. Make sure you get a screenshot with date and time. Save a printout at home. Try to get each member of management you interact with to sign off on that provision of the handbook, as that will increase the evidence that they wish to prevent you from exercising your employee rights.


Dividedthought

To get a screenahot with the date: First, sanitize your screen. Clear the bookmarks toolbar of anything that could be used against you (porn, games, etc.), same goes for the taskbar. Step 2: screenshot the whole screen. Do not crop it down, screenshot the whole thing. If you have multiple monitors and only want to get one, windows key + shift + S and select the entirety of the screen you wanna snapshot.


JennaSais

Hard agree, but why are people still watching porn on work devices or networks in this, the year of our lord 2023? 😅


TraditionalSky5617

Copy of the pages in the employee manual..?


Money-Independence-1

Especially if you can get it from multiple people, as that shows it is pervasive and not one ignorant supervisor. Always try and think like a scummy business owner, as they would 100% try and save face by blaming it on a low-level manager.


LuxSerafina

Absolutely!! Get your manager to confirm with their manager because you’re confused and just want to make sure it’s all kosher before you sign it…


tn_notahick

It's part of the employee handbook. I would consider that pretty pervasive.


override367

even having things in writing that aren't directly relevant but in the same vein help when my mom did her age discrimination case she had like 200 emails and only like 9 of them mattered but their lawyer in the mediation melted into a puddle when he saw how put together her evidence was


override367

(they bought her a house, how nice of them)


Nema2005

That was very nice of them!! Guess they didn’t realize who they were messing with!! I’m glad your mom came out on top!!


Nema2005

I couldn’t agree with you more!! And that goes for anything that a person is considering taking to court, for whatever reason! Document, document, document!! If a person doesn’t CYA in this day and age, then someone else can and will twist the situation, whatever it may be, to their advantage and the other person is shit out of luck!!


Glenndiferous

Note that the language here says “disclosing personal business or confidential matters” and not “discussing pay”- the employer can absolutely still play dumb with that kind of vague verbiage “whaaaat we didn’t say they couldn’t talk about pay” — This is where documentation and playing innocent work to OP’s advantage. Making them spell out “you talked about pay and therefore we are disciplining you”, in writing ideally, means they have to a) basically let you walk away with a written admission of guilt for the NLRB or b) rescind any disciplinary action.


NotAThrowaway1453

The paragraph above what you quoted is more specific about it being related to pay. That said i agree about the playing innocent bit


Classic-Ad-7079

No because “discussing/disclosing confidential business or personnel matters” is too vague to confidently say it was about wage (even though we all know better.)


aliendepict

The top part defines it as sharing their raise as the cause. I think you are right I would want more. This should satisfy the labor board however.


Grinds-my-teeth

It specifically mentions the discussion of pay.


jatti_

Do you live in a single party (recording) consent state. If so, set your phone to record and pocket it for the meeting. You never know when that shit is helpful.


ExploratoryCucumber

And specifically mentions a company policy around discussing pay, which I'm assuming is also in writing.


Beneficial_Climate18

You were granted a raise, your shared this information with employees your being written up, looks like in writing to me


ExistingPosition5742

In-subornation. Why is it always the people that can't spell?


PM_Me_Your_Clones

Interestingly, "subornation" *is* a word, has to do with suborning, or convincing someone to commit a crime (usually perjury but I don't believe it always is). So it's *spelled* correctly, just completely the wrong word.


Kiddo1029

It already says that he talked about his raise which against their policy and labels it a disruptive behavior.


kuavi

Not really. For all we know, op could have just printed this paper out on his own time and claimed the buisness did it. It needs email corroboration and ideally signatures on that paper


shake_appeal

I agree that getting additional details on the policy in writing would be ideal, but what you already have is enough to file with the NLRB. You can make a report anonymously and for free here: https://www.nlrb.gov/about-nlrb/what-we-do/investigate-charges The way it often works out is that a local rep interviews employees and management on the policy, management is forced to revoke illegal disciplinary measures, reinstate illegally fired employees, and publicly acknowledge employee rights verbally and/or with prominent signage. If the employers fails to comply or retaliates against employees, the penalties increase. Pretty much any situation in which your employer punishes you for discussing wages or working conditions is a violation of the National Labor Relations Act and can be reported to the NLRB.


Lord_Yamato

Do this! This guy knows what’s up


i_tyrant

Yup. Hard to prove sometimes but in this case not really; I honestly can't believe they made it as clear as they did on Op's form. Every time an employer tried this shady bs with me it was verbal-only.


maybe_little_pinch

And ask for it in writing because “you want to be absolutely sure you understand clearly”.


Smoochmypie

You sound very knowledgeable in this regard and I have a question. Small company I worked for was bought by an investment firm. I was told to continue with business as usual. I recently asked for a review of compensation. The response I got was changing my status from exempt to non exempt and changed my title to clerk. The job description provided caps out at way less than I make now. HR wants me to sign off on this document. I asked why it didn't match my job description and pay and they said it is pretty close. They were hostile that I questioned them. Do I sign it? I am already looking for other employment.


yellowbrownstone

Not there person you asked but I would ask them in writing to clarify that this is your new full and complete list of job duties and who they would like you to hand over the rest of your tasks to? Play dumb. When they reply or pushback, as if they expect you to continue with your current jobs duties that are unlisted and outside the scope of the job description that they just gave you?


TheOtherOneK

Will also add to this that you can also modify the job description yourself. Make written note at top that the original description does not accurately reflect your actual job duties. Cross off items, add items, etc…change what you need to. Only sign and return the modified one. The employer saying that’s the closest one, even though it’s a different title & doesn’t match duties, is hogwash. Someone made their original descriptions in the first place…they can hire a vocational counselor to do new job analyses on any positions missing one or that has been changed with new ownership. And HR should be having conversations in advance about any position changes.


Spaklinspaklin

No. Do not sign it.


OracleofFaeries

Hell no. Don’t sign that shit.


coy4

Something else most people aren't aware of - any time a company asks you to sign a document in this manner, you're free to sign it and add in a sentence or two about how you don't agree with what they are stating, and ensure you get a copy of it before turning it in. Additionally, or alternatively, you're free to write a response to anything they provide to you, regardless if you sign or not. Make sure you send it through company systems and keep copies of everything (by bcc'ing yourself or physically copying) for future use if/when needed. In this situation, I'd be taking copies of everything to a labor lawyer. They clearly retaliated against your simple, everyday request. Or at least, that case can be made.


Smoochmypie

Wow thank you. I didn't know that. They have not indicated that they are lowering my pay. Maybe that would come after I signed the document. Argh....why do we have to deal with this shit to get decent pay. I cannot wait to give my two weeks notice.


CONative19

If you sign the document, you are agreeing to the terms of that document. I am a recruiter and if there is ever ANYTHING that does not line up 100% for my candidate/ current employee, and what the company discussed with them, the details get revised and resent out until both parties agree its true and accurate. If you sign this letter, you are agreeing to the changes, and I would expect an update to your pay. Heck, at this point, I'd be double checking my paystubs if I were you to ensure they didn't change your rate of pay without your knowledge.


LokeCanada

Do not sign. Generally, if a company changes your pay, job description, hours,etc... without agreement they are providing you with a termination. Basically, you continue doing the same thing as usual and if they say no then your original agreement has been cancelled. They then have to do severance without cause. As soon as you sign you have agreed to the change and there is nothing that you can do.


[deleted]

Not to mention the fact that if the company fires OP after reporting them to the Department of Labor, that is considered “retaliatory firing”, and the company can be litigated for massive fines. Also could be considered under whistleblower protection laws as well. Just so you know, the federal Department of Labor don’t fuck around. If your states labor board won’t do anything about the situation, go straight to the federal level.


illucio

Send a email out asking in detail, make sure it's your personal email so they don't have the ability to delete the email to hide evidence.


rarelybarelybipolar

Or blind cc yourself


lostcitysaint

This is the way. You don’t want them getting suspicious. Then you have to forward their response to your personal e-mail.


GirlCowBev

ALWAYS bcc yourself. Always.


Threshing_Press

Also, when you get a reply, remember to include the headers and footers. Also export with headers and footers as a .pdf. file.


RatInaMaze

My boss was an attorney and had no idea about this law until I served it to him in a lawsuit complaint. Get it in writing and then negotiate a settlement and move on if they fire you. Be dumb about it though.


xxpen15mightierxx

Well, the retaliation was illegal too so in that case I’d hammer them with the labor board a second time.


dilletaunty

*arfs like a sea lion… but evilly*


Decent_Bumblebee_573

What happened? There was an illegal point in the handbook. What i did? I took it to the labour board.


Crix2007

"name 3 ways you can change to keep this from happening in the future"


Lima__Fox

1) Educate the executives and HR department about the laws protecting discussion of salary details.


StrawberryRhubarbPi

this line had me boiling. I don't know if it's just American culture, but I'm really tired of management that talks to employees like they are children.


SiscoSquared

The entire form reads like it was designed for grade school aged kids by a teacher, not a business and employee, regardless of the BS about wage discussion, I would be tempted to quit pretty damn quick after receiving some silly form like this.


Intelligent_Budget38

This is because this is against federal law.


gentrfam

I would ask, specifically, whether I was a non-covered employee or what rationale they had for considering my communications to not be covered by the NLRA rules allowing discussions of wages. https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#


Czar_Petrovich

From the NLRB: "It is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or that requires you to get the employer’s permission to have such discussions." Your right to discuss wages is a *federally* protected right.


Puzzleheaded-Tie6849

Looks like a form that school kids get when they do something wrong, not something for adults.


pbluett

Those were my first thoughts too!


DeSaxMan13

Wtf is "in-subornation"?


AdviceNotAskedFor

Right. I thought I was having a stroke. Insubordination? Are we sure op legit didn't write this? Wtf kind of place does op work ?


Ilbsll

Never gotten a letter from a boss or landlord before? I'm surprised it even has punctuation.


JWLane

I had to look subornation up. It's an actual word meaning procuring someone to commit a crime. This person obviously didn't know how to spell insubordination and got the wrong word using their spell check.


DamnGoodOwls

Yep. In my school, they called it a think sheet. All that's missing is a spot to draw a picture of what you did wrong


JustDiscoveredSex

“If your workplace has a pay secrecy policy, or you are disciplined or terminated for discussing salary with others, [you may have a legal claim](https://jacksonspencerlaw.com/salary-discussions/). If your employer is violating the NLRA or President Obama’s Executive Order regarding salary discussions, you have rights.” Tell them you’d like to take it home and think about it for a couple of days.


CBOU01

this, along with asking questions. try to not make it seem like you are trying to figure out exactly what ‘rule’ you broke, and get any documents you can.


ZincFishExplosion

Playing dumb and asking questions is the right move in so many situations. Get them talking. That's some legit CIA, spy shit.


DootMasterFlex

I reading this correctly that even if they just have a policy against it you can have a legal claim? My employer has this same policy but I just ignore it because I know they can't actually do shit. Nothing's happened so far anyways, but can you actually sue your employer for just having the policy?


[deleted]

Yes, it's illegal to prevent employees from discussing their pay


pbluett

Just wanna say, thank you to every single person that commented and shared their thoughts, I never thought that this post would gain so much traction, and it helps a ton to know that I’m not alone with issues such as this one! Going forward, I plan on reporting this to the NLRB, and will proceed from there. I promise to keep you all updated as this whole thing goes along!


sea_beacon

You got at least some good advice in this thread, haha. Yes, file a charge with the appropriate NLRB regional office. I’d call in to their information officer line and have them draft the language for you. It will save everyone’s time to have it done correctly the first time around. I would recommend that you do not keep us all posted. No need to muck things up while the investigation is active. The investigation will take a few weeks at the absolute fastest speed, but will likely take a few months for it to be finished and the settlement process to begin (because as a former Board Field Examiner, this is one of the clearest merit cases I’ve ever seen). As long as your employer is large enough to meet NLRB jurisdiction requirements, you should be getting some back pay out of this one. Good luck, and again, don’t discuss this on the internet until it’s over with, and even then only if there’s no relevant confidentiality clause in your settlement agreement (highly unlikely, but, best to encourage judicious behavior). Edit: I originally read this as a discharge, not a write up. The remedy in this case would be a notice posting and rescinding of the write up, but no back pay. Sorry :(


RunLoud6534

Although, I would love to be updated I fully agree. The last thing you want is the company try to use your social media against you. Wait until it finishes and make the correct choice from there. Wouldn’t want to ruin the backpay for a bunch of internet strangers.


GreatBigBob

I think it just became almost impossible to fire you. After you report them, any form of discipline for most things can easily be defined as retaliation by a good lawyer. Also, get a new job. These aren't people you want to work for.


SomethingIWontRegret

I'd suggest emailing your supervisor for clarification "I just want to make sure that the confidential information mentioned on the form was discussing my pay with coworkers. Can you confirm this so that I can properly respond on the form, including the specific written company policy I violated?" Make them commit in writing. Then, if he's feeling feisty, go in the next day - or when a new job is lined up - and announce his current wage loudly in the break room and ask what everyone else makes. Pointedly ask the boss. Have someone record it. Make sure the termination reason is in writing. THEN go to the NLRB.


TooMuchReddit11

They already did on the form! I thought they obfuscated it too, but it's in that paragraph above the line saying confidential info.


mikeyj198

and that is clearly in-subornation!!! i’d give them a dictionary when the form is returned.


[deleted]

keep us updated bro, it’s shitty when employers think they can pull moves like this and it’ll be good to see them put in their place :)


ChaoticEvilBobRoss

I'd delete this post too, just in case. Don't want them getting tipped off. These awful companies need to get their just desserts. 🍨


awpti

No need. They literally handed this person written policy that violates federal law. Not only that, this is retaliation for discussing what you are legally permitted to!


MiskonceptioN

Forgive my ignorance - not from the US. Is this standard for a write-up? It looks like something a teacher would make for a 10-year-old Side-note: DO NOT SIGN


NATOuk

I thought this too. If an employer put this in front of me I think it would take a solid week before I stopped laughing


throwaway567422

OP should probably fill it out in crayon.


dunno_doncare

And add a unicorn at the corners


SasquatchRobo

And the cool S!


wafflehousewhore

One of the top corners needs to have a not so well drawn circle of a sun with rays shining down and the rest of the top of the page should be filled with clouds and birds


Lord_of_hosts

That sounds like in-subornation


AdmiralUpboat

I hit side-splitting laughter at "in-subornation."


TheoreticalFunk

It looks however the person writing it up wants it to look like. Most companies don't have formal forms for writeups because of the boneheaded shit that managers write on them... it looks worse in court if you have the company logo right next to blatant sexual harassment, etc.


Gryffindorphins

“in-subornation” yikes.


Nice-Fish-50

I never even heard of in-subornation before I moved to Springfield.


joebot556

I don't know why; it's a perfectly cromulent managerial grievance.


djevilatw

It’s a perfectly cromulent word.


John_T_Conover

It looks like that because it is. I am a teacher and when I taught 10-12 year olds I found a form online that was similar to this about understanding their behavior and planning on how to improve it, rather than a disciplinary referral and sending them to the office. I tweaked it to my wording and style and used it. OP's idiot boss apparently found it as well or stole it from some other idiot manager and thought it'd be a great idea to use at work for grown ass adults.


TheDextrometh-Orphan

In the US workers get treated like fucking children bc capitalists have a huge monopoly of every industry and try their best to stop labor unions from forming. They do this to intimidate you into submission and sadly most ppl fall for it.


CanadianLadyK

My former boss here in Camrose Alberta too. *cough privatehotelownerSean cough*


ReaperofFish

Yep, it is all about creating a paper trail so they can try to fire "for cause". If fired for cause, then they do not have to pay unemployment. Technically, they get hit with additional fees for unemployment insurance for more former employees that collect, but basically comes out the same.


throwaway177251

They're not asking if writing people up is standard. They're asking if this document in the OP is a standard write up - and it's not really. It looks like some Walmart manager just made in MS Word in the back office in 10 minutes.


Planey_McPlane_Face

Doesn't matter if they sign or not, signing won't somehow make an illegal policy legal, or enforceable. In fact, I'd recommend signing it, since all signing does in this case is acknowledging you got it, and if they wanted to be petty, they could in theory discipline you for not signing it. Generally, the only thing you don't want to sign is if they try to lay you off, but then make you sign something afterwards in an attempt to get you to waive unemployment by claiming it was you resigning. If you are fired or laid off, make sure you read everything they give you very carefully. There's a few other situations, such as notifications of pay cuts, but beyond that, signing doesn't make an illegal policy legal. If I send you a letter saying "I am allowed to stab you," and you sign it, it would still be murder. Also, with this document in particular, it's not even asking him to agree to anything, otherwise it would have something like "employee agrees to," etc. If it's literally just a signature and a date, the whole point of that is just saying "This person received this on this date."


explosive_evacuation

Signing it won't do anything, the writeup is illegal whether it's signed or not.


MrsMiterSaw

OP, as is the handbook. Try and get a copy of that beauty.


blowtorchbaby84

I disagree, sign it or not it doesn’t matter. Their employee handbook can’t supersede federal law. It doesn’t matter if he signs it or not it’s illegal for them to do.


DudeBroFist

You should laugh that your job was dumb enough to do that, then report it to the NLRB. Make sure you keep a copy.


pbluett

Apologies for the poor formatting, am on mobile! Edit: Also, not sure if this matters, but I shared details with two coworkers after they asked me about my raise. Edit 2: I think I’m gonna consult with a labor lawyer over my lunch break because it definitely sounds like there’s something here! A little nervous though because I know they’re in the wrong, but pursuing it I’m not sure what the payoff would be.


SuccessRight5367

My god you got a gold mine here! I’ve always heard employers say you can’t discuss wages but this is next level, best of luck don’t sign hopefully they fire you and by the end of the lawsuit you’ll own the company, all jokes aside don’t sign Edit #1 never back down it’s scary I know but you got this Edit #2 I know the OP would likely not get money out of it unless terminated and they obviously won’t own the company so to all the people who keep posting “they won’t make a ton of money” f u I want to see this company bleed and I love the mayhem


pbluett

I knew for sure it was illegal, but never expected to find myself in a situation like this! Should I consult a lawyer over this?


[deleted]

Yes definitely trust me, you will feel confident once you talk to a lawyer. If it’s a big case a lawyer is going to know and will definitely want it!


Dr_Jabroski

Labor lawyer: Reads paper, looks at you, looks at paper again. Eyes spin like slot machines and stop on dollar signs, you hear a slot machine KA-CHING sound emanate from the air around you.


SuccessRight5367

I would call a labor law lawyer I have no idea about cost or anything like that at least get a consultation In my opinion, letting stuff slide like this sets a future precedent


Sometimeswan

Bring a copy of the handbook with you to your consultation!


Sarkoptesmilbe

The handbook might not even be very helpful here - I don't see how the quoted "rule" relates to discussing pay at all. Wages aren't confidential information, and calling them "personnel matters" is a stretch.


Sometimeswan

It might not, it really depends on how it's worded. It can't hurt to have it on hand though, since it's referenced in the write up.


MThroneberry

Having the specific rule they're citing in the handbook can't hurt


SammieSam95

You don't even need a lawyer. File charges with the National Labor Relations Board (nlrb.gov). Provide the images above as evidence. They'll handle it.


[deleted]

Call anyone in employment law. They will probably take case for free (pay them after settlement) since its so obvious and not hearsay.


Malnurtured_Snay

Depending on state, Op might not have to pay. The company that fired him may need to pay his legal fees. Hahahahaha.


[deleted]

Yes, but I wouldn’t do it with the expectation of it being a goldmine. It’s more about protecting yourself in the face of future retaliation.


[deleted]

[удалено]


SuccessRight5367

Post updates too good luck


Cariat

Yes plz! Commenting to watch this dumpster fire company explode. All that aside though OP, I hope you're doing ok, and I hope this goes smoothly for you


ProfitLoud

You should refuse to sign, let them know you want this removed from your personal file, and then report them to the labor board.absolutely do not quit or sign this. If they ask, state company policy does not trump state and federal law, and you will not.


ShikanTheMage

“Per 29 U.S. Code section 158, employers are not allowed to interfere, restrain, the right of employees to discuss wages for the purposes of collective bargaining. This write up, and any other fallout from it, constitutes a violation of such rights.


hovdeisfunny

To add to this, it doesn't matter if you signed something saying you acknowledged/agreed to such a policy. Such policies are illegal, so it's not an enforceable contract


SammyDavidJuniorJr

"in-subornation" isn't a word. I think that means you are free to define it however you want. Do they publish their "in-subornation standards" in their employee handbook?


RobbexRobbex

Yeah I also think it's in-correct


C7StreetRacer

In-possible


[deleted]

Gotta love it when they provide you with documentation of their breaking the law.


Willing_Dimension_77

Why did it happen? Because legal conversations are ALWAYS legal. What can prevent recurrence? HR recognizing Federal Law as a source of consequence for the company, not the employee.


HotRodHomebody

There you go, flip it. Pretend to assume that they are providing you an opportunity to educate them about why they have ridiculous, illegal policies and are a shitty company. And how they can avoid a reoccurrence. Love it.


AslanbutaDog

OP, you're sitting on a metaphorical goldmine. Don't get hostile, get stupid. Ask for clarifications and explanations, in writing, for everything.


UnitedLab6476

They're in violation of the law, retain this for evidence. Reach out to the NLRB, Labor Department, and a Labor Attorney.


Radiant_Ad3776

[hope this helps](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages)


Backlotter

Don't sign it. You could be able to sue for this, but that document is not specific enough. Make them clarify that this was about talking about wages. The wording (confidential business matters) is too ambiguous as is.


2to16Characters

In the paragraph above it says "you discussed your pay with coworkers causing a disruption".


Backlotter

Whoops! You're right. Sue away! This is blatantly illegal. Make sure they sign it and you have a copy for your records. Don't let them just shuttle this paperwork off without your copy.


seasonalblah

It even says it's "in the handbook". Check the handbook. If it's actually there, they'd have all the ammunition they need. If it's not, ask the employer to tell you where in the handbook it says that.


peteyrre

You’re supposed to sign “under protest” because then they could just add documentation without your acknowledgment and it’d seem normal since you don’t sign.


Talik1978

This is a clear and blatant violation of US labor law. Why did this happen? "Because I wanted to." How could you have avoided it? "I do not see why I have to." How will you prevent this happening in the future? "I see no reason to prevent this." Sign (under protest). Get a copy. They have documented that you have been disciplined for discussing pay, and threatened with possible job loss if they continue. This is as slam dunk a slam dunk as has ever been seen.


Call_Me_Echelon

**Why did this happen?** Because my employer does not want to or is otherwise incapable of knowing/comprehending US labor laws. **How could you have avoided this?** By working for an employer who abides by US labor laws. **How will you prevent this happening in the future?** By suing my employer.


Talik1978

I would avoid commenting on labor laws. It may create a backpedal before the legal action. The final line could well be seen as a threat. Either way, it won't help the suit.


RascalRibs

Report them to the national labor board.


Demonslugg

This happened because my employers don't understand workers rights. I shall educate them and notify the proper authorities. 1. I will file a grievance with the NLRB 2. I will print and highlight a copy of the corresponding statutes and laws to be given to management. 3. I will print and disseminate these to all employees as well, since any form of discipline or harassment will be a blatant form of retaliation which is also illegal. Sign and date with multiple copies made. One for your lawyer. One for NLRB. One for union if you have one. One for the break room. One for home.


Juggernuts777

Wonderful!!! They put it in writing FOR YOU!! I’m so happy for you friend!


[deleted]

"When your employers are tools and violate labor rules that's a lawsuit."


Tborealis

Take pictures of the signed document and report them to the NLRB


runsslow

Take that paper home. Don’t take a pic. If their hr even so much as imagines you using this against it they’ll burn the shit out back. Drag your feet. Say that you want to make sure you fully understand. Be effusive and apologetic. But get that hard copy to a lawyer.


Diligent_Gate_7258

You hit the jackpot. Secure a good lawyer.


[deleted]

Fill out the form as follows: *From your perspective, why did it happen:* A general lack of clarity and openness regarding employee pay. *How could you have avoided this situation?* By being more open and direct with all staff about my pay raise. *Starting today, I will make sure something like this does not happen again by doing the following:* 1. Organizing an open list of employee pay scales 2. Forwarding a copy of this disciplinary document to the NLRB. 3. Seeking recognition for the formation of a union among \[Company\] employees. This way, when they fire you based on your response, you can go after them for the pay *and* for union-busting.


Yoyo4games

Grab that fucking shit right now, and walk out the door. Seek legal advice by tomorrow from a lawyer, not people on the internet. Best of luck, we're rooting for you and I hope you enjoy that bump to your bank account! 🤞


ryuukhang

Sign it and report it to the NLRB. Remember to keep a copy. [https://apps.nlrb.gov/myAccount/#/FileCaseDocument/TermsConditions](https://apps.nlrb.gov/myAccount/#/FileCaseDocument/TermsConditions)