‘I am allowed to discuss wages’: Employee gets fired via email after she discusses her salary with coworkers, she uses the email in court as proof of HR's illegal actions

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    "Best wishes in your future lawsuites"
    via Canva
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    So satisfying: I was illegally fired via email, so I reported them to the NLRB and HHS
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    Subject: Outstanding Paperwork and Termination Notice Unfortunately, we were not able to talk today so this is in writing: You are being terminated from your position at k as of this notice due to violation of confidentiality regarding your employment terms. Please note the following outstanding items are due immediately to office by 5 PM tomorrow: Patient name 7/20/23 Non visit dc Summary assigned; last ordered visit on 7/20 submitted as a regular visit and not as discipline DC S
    via u/snoregasmm
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    Patient name 1:8/3/23 OASIS SOC sitting in To Be Corrected since 8/11/23; email request sent on 8/11/23 Patient name: 8/10/23 Missed Visit assigned; you wrote orders to extend her and then did not see her last week; your DC visit will be re-assigned to another clinician
    via u/snoregasmm
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    All company issued equipment is due in office by 5PM on Friday at the latest. You are not eligible for re-hire in the future. Please direct any questions or comments in Reply All response to this email,
    via u/snoregasmm
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    From: Sent: Wednesday, August 16, 2023 5:23 PM To: TO Subject: Re: Outstanding Paperwork and Termination Notice Hi The right to discuss and share wage information is protected by the National Labor Relations Act, it is my federal right to discuss any and all compensation with coworkers. It is also illegal for a workplace to "discharge or otherwise discriminate against any employee or applicant because they have 'inquired about, discussed, or disclosed compensation". You will find that I never ag
    via u/snoregasmm
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    X Close Previous Next Outstanding Paperwork and Termination Notice Cc: S H Your point is taken and understood. We do have an email written in which confidentiality was explained and expected from early May. We are continuing to stand by our decision to terminate your employment and may legally do so at will. Executive Director
    via u/snoregasmm
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    Hi T Unfortunately, there's no takebacksies; you terminated me for an illegal reason, and I have the documentation to prove it. You also divulged patient names and information to me asking me to complete charting on them *after* you terminated me "effective immediately", which (as you should know, as you have been a healthcare worker for longer than I've been alive) ↑
    via u/snoregasmm
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    is a blatant HIPAA violation. As you know, I take being a strong advocate for my patients very seriously, therefore it should come as no surprise that I am extremely concerned at what is evidently either your flagrant disregard or gross ignorance of basic labor practices and patient confidentiality laws. As you are the executive director of this indicates to me that there are serious structural issues in the infrastructure that is supposed to protect our patients.
    via u/snoregasmm
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    Please understand I am not doing this out of spite, I am doing this to protect my patients from your gross incompetence. With the written documentation that you have provided me, I have just filed complaints against both you personally as well with the NLRB, the HHS, and the Dept of as Labor. I sincerely hope you learn from this experience. Best wishes in your future lawsuits,
    via u/snoregasmm
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    Last August I was (illegally) fired via email for telling other nurses at my job what I was being paid (spoiler alert, they were being grossly exploited and I was only being mildly exploited).
    via u/snoregasmm
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    Nine months later and the case is finally settled (I won lolz) so I feel ok sharing these emails between my former employer and myself. They still bring me incredible satisfaction, even after all this time.
    via u/snoregasmm
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    Remember, ALWAYS document everything, and always advocate for yourselves as well as for each other. We are stronger together, and they need us more than we need them. Of all the things I've done in my life, this is my proudest accomplishment.
    via u/snoregasmm
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    The settlement included a small sum of backpay, and they had to publically tell their employees that they'd been breaking labor laws and that discussion of wages/concerted activities are federally protected, as well as issue a public and written apology to me.
    via u/snoregasmm
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    Red is former employer, pink is me, green is HIPAA protected patient information.
    via u/snoregasmm
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    boilerscoltscubs. 7 hr. ago "Takebacksies" ✓ I 766 Reply Share • taxpayinmeemaw · 6 hr. ago Yes that was my favorite part too haha
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    Angry_Pterodactyl · 7 hr. ago Best wishes in your future lawsuits LOL
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    Worth-Ticket-4376 . 7 hr. ago Wow.. that person needs to have zero email privileges and everything they send to anyone needs hr review before submitting. Wow just wow... how they thought that was ok is mind blowing. Some people need to learn the hard way... just curious they still have a job after that s show?
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    snoregasmm OP. 7 hr. ago Tragically, yes she does. But I hope she was at least a little embarrassed in front of her superiors.
    via u/snoregasmm
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    Fearless_Frostling · 6 hr. ago That executive director is an imbecile... as is whatever incompetent HR, or lawyers approved to have said policies in place. Not only is it a protected right to talk about wages, but per NLRB...
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    "If you are an employee covered by the Act, you may discuss wages in face-to- face conversations, over the phone, and in written messages. Policies that specifically prohibit the discussion of wages are unlawful as are policies that chill employees from discussing their wages. When using electronic communications, like social media,
    via u/Fearless_Frostling
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    keep in mind that your employer may have policies against using their equipment for unauthorized use, though it is possible such policies could be unlawful." So not only was the firing illegal, but so is the policy they had in place.
    via u/Fearless_Frostling
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    snoregasmm OP. 6 hr. ago Oh yeah, my NLRB lawyer n、 d them for that. I gave her my 500 page employee handbook and she found a bunch of stuff in it that was illegal, they had to acknowledge and correct all of it for their current employees.
    via u/snoregasmm
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    Fearless_Frostling . 6 hr. ago Don't suppose the court also forced them to pay for your legal costs isntead of having those deducted from your settlement.
    via u/Fearless_Frostling
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    snoregasmm OP. 6 hr. ago The NLRB paid my lawyer, I didn't have to pay anyone anything. All I did was report the case to them with all my evidence and it became the NLRB vs. former employer, not me vs. former employer. I'm assuming that they had to pay the NLRB a hefty sum for legal fees though.
    via u/snoregasmm
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    Bridge23Ux. 6 hr. ago . How long did that all take? 47 Reply Share snoregasmm OP. 5 hr. ago About 6 months start to finish
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    Optimal-Scientist233 · 7 hr. ago (editable)Works best idle I will state it again, the problem with business in America is our business leaders who have no idea how to legally, ethically and sustainably operate a business. The thing most of them have in common is the ability to stick their own foot in their mouth.
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    Warm_Doublet · 6 hr. ago Love it! Please post the letter of apology when you receive it!
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    snoregasmm OP. 6 hr. ago I already got it, it was underwhelming and definitely written by their lawyer, but I'm still counting it as a win. It was one paragraph and basically said "you filed a complaint that you feel we broke labor laws, were sorry you feel that way, we are committed to following labor laws in the future, best of luck in your future endeavors".
    via u/snoregasmm
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    Warm_Doublet · 6 hr. ago "We're sorry you feel that way..." That's NOT a letter of apology. That is a gaslit response failing to acknowledge fault of anything. Can you demand an actual apology?
    via u/Warm_Doublet
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    snoregasmm OP. 6 hr. ago Nah, it's not worth it, their lawyer won't let them admit to any actual wrongdoing anyway. I know and they know that they up-and so does everyone else who works there (because yeah, I told everyone that I could find contact info for).
    via u/snoregasmm
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    Emily5099 6 hr. ago I'm sorry if I missed this, but did you get a decent amount of money in compensation for them wrongfully firing you? Without giving us the exact amount, was it like 3 months salary? 6 months salary?
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    snoregasmm OP. 6 hr. ago Nah it was 5k of backpay/frontpay, which was only 3k after taxes. I got a fulltime job that paid better like 3 days after I was fired so there wasn't a great argument for them to have to pay me more. I really didn't do it for the money though, I did it for the other employees there and the patients that they care for.
    via u/snoregasmm

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