Can an employer forbid employees to discuss and compare performance evaluations and salary increases?

Asked on December 1, 2011 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In an "at will" employment arrangement an employer has a great deal of discretion in setting the terms and conditions of the workplace. This includes communications among co-workers regarding performance evaluations and salary increases. If an employee violates this mandate they can be terminated (actually an employee can be fired for this, any reason or no reason at all). For their part, an employee can choose to work for an employer or not.

The above holds true unless this requirement violates existing company policy, a union contract or employment contract. Or if some form of actionable discrimination plays a factor in the request.


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