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I already know about the National Labor Relations Act (NLRA) of 1935 that basically prohibits companies from saying you are not allowed to talk about salary with coworkers, but my situation may not be covered by this act.

Situation:

Company A: I do not work for directly and also the company I applied at.

Company B: I work for directly in support of Company A.

I have worked at company B for a while now and recent applied for a better position at company A and received a job offer. In my excitement I went to speak with a couple friends about the offer and this included the salary I was offered as well. I didn't think this was a big deal however I was told that someone from company A overheard my conversation and reported me to their HR department about it and was then told I put the job offer in jeopardy by speaking about my salary.

I am aware that the NLRA protects my right to talk about wages/salary but the NLRA does not apply to everyone.

My question is this:

If I work for company B and speak to someone from company B or company A is there a situation where NLRA does not protect my right to speak about salary?

Technically I do not work for company A yet so can they rescind their offer letter?

Note: I am not seeking legal advice just clarification on the NLRA wording.

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    Why bother worrying about an offer from a company that puts you under duress for talking about a salary offer with your friends of all things?
    – Layman
    Commented Jan 6, 2019 at 15:34
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    @VictorS because the offer is substantial and its the first time I have ever had an issue at this company of any kind. I quite enjoy working for this company and it is one of the reason I applied for it in the first place.
    – Sierra Mountain Tech
    Commented Jan 6, 2019 at 15:36
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    @Abigail added.
    – Sierra Mountain Tech
    Commented Jan 6, 2019 at 18:42
  • Where did you speak to these friends? Was it in a location where you could reasonably expect an employee of Company A or B to overhear? Were the friends related to Company A or B in anyway?
    – thelem
    Commented Jan 6, 2019 at 20:24
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    Considering the context, do you mean resend, or rescind?
    – brhans
    Commented Jan 7, 2019 at 14:30

2 Answers 2

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This should NOT be a legal concern and legal advice is unlikely to help here.

Many companies have a "do not talk a about salary" policy. This may not be enforceable in a court of law or even against some existing local labor laws. So what ? Do you want to sue them? For damages? Forcing you to give you job? What outcome would you hope any type of legal action could achieve?

In practice, suing an employer is a career ending move. Certainly at that employer and potentially also in the line of work, if word gets out.

Of course, they can rescind the offer, for any and no reason whatsoever, including for you violating a confidentiality assumption (legal or not). They don't have to tell you why. They can also fire you on day one (or more likely at the end of probation) for no reason whatsoever. That's called at-will employment.

The better question would be: "What do I do to salvage the situation?".

I'd reach out to the hiring manager, recruiter or HR and apologize profusely. You are super excited to start working for them and in your excitement you got carried away and shared information that you shouldn't have. Sorry, me culpa, will not happen again.

Read carefully the paperwork you have signed. Check if there are NDAs, confidentiality agreements or a clause in the offer letter that specifically declare the terms of the the offer to be confidential and/or prohibit you from disclosing salary/comp/benefit information. If there isn't anything specific in there, you may be able to play dumb: "Sorry, I didn't know that this was confidential". If yes, you may be in violation of a written contract, which is not great.

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    Luck for me the Manager I report to is part of company A and they are very large part of why I got the job offer in the first place. We get along well and they know my work ethic and skill set. I am sure they will be supporting me during this issue. So far the only thing I have signed is consent for a background check. I have not signed anything else and my offer was a verbal offer over the phone from the recruiter.
    – Sierra Mountain Tech
    Commented Jan 6, 2019 at 23:26
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Seek legal advice.

I am not seeking legal advice just clarification on the NLRA wording.

But that's exactly what you need, legal advice that brings clarification in this potentially special case.

Even moreso because it risks your offer being rescinded.

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    It is very unlikely that any type of legal action would be able to prevent the offer from being rescinded. Quite on the contrary: it'll almost guarantee the OP losing the offer and any chance of future employment there. Employers don't like legal action.
    – Hilmar
    Commented Jan 7, 2019 at 13:58
  • @Hilmar I agree.the legal ADVICE, NOT legal ACTION is to know if and what OP did wrong or is in the clear and how to react if company A or B give OP any more grievance (for instance what to say if one of them asks OP into an impromptu meeting).it would also be helpful if in the aftermath of this OP loses the old job or won't get the new one.THEN legal action could be a way to maybe get some reimbursements if either company overreacted for instance.but that is for the legal ADVICE to know and tell OP
    – DigitalBlade969
    Commented Jan 7, 2019 at 14:18

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