In a decision issued last week, the National Labor Relations Board found that a college’s “No Gossip” policy was too broad and in violation of labor law. For more information, and a copy of the NLRB decision, see here. In its employee handbook, Laures Technical Institute’s policy on gossip reads in part, “Gossip is not tolerated at Laurus Technical Institute. Employees that participate in or instigate gossip about the company, an employee, or customer will receive disciplinary action. Gossip is an activity that can drain, corrupt, distract and down-shift the company’s productivity, moral, and overall satisfaction.”
As a result of the decision, an employee of the college who was terminated for violating the school’s policy on gossip was awarded back pay with additional interest on the amount. In addition, the college has been ordered to cease from maintaining or enforcing its overly broad No Gossip policy and from disciplining employees in any way for violating such policy.
The judge found that, “A thorough reading of this vague, overly-broad policy reveals that it narrowly prohibits virtually all communications about anyone, including the company or it managers.” The judge further stated that overly broad policies such as this, “Inhibit employees from bringing work-related complaints to, and seeking redress from, entities other than the [employer] and restrains the employees’ Section 7 rights to engage in concerted activities for other mutual aid or protection.”
If you or someone you know thinks they have been wrongfully terminated, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.