Gossiping in the workplace is a cyclical issue that never really goes away. 

Let’s face it: Whether the topic is as fluffy as a workplace romance or as tense as a looming layoff, people are going to talk. And it’s unlikely that managers will be able to play Gossip Cop and effectively shut down the rumor mill. 

How can employers keep the office chatter in check? Do you need an official Office Gossip policy? Or can you fire employees for gossiping at work?

A decision from the National Labor Relations Board (NLRB) offers some great takeaways for HR.

Was Gossip Policy Legal

After several co-workers in her department were let go in a layoff, employee Joslyn Henderson discussed the issue with colleagues. During those conversations, Henderson said she wasn’t sure what was going on, and she was concerned about her job security.

When her former co-workers found new jobs with a competitor, Henderson reached out to them to discuss the possibility of getting a job there, too. She also told her colleagues who survived the layoff about the potential opportunity.

Henderson then took medical leave for a planned procedure. While Henderson was out on leave, the colleagues reported to a supervisor that Henderson had made negative comments about the employer, had looked for a job with a competitor and had recruited them to leave, too.

The supervisor suspended Henderson and conducted an investigation.

After determining Henderson violated the company’s no gossiping policy by engaging in office gossip, the supervisor sent a termination letter, which stated that she was let go for “willful breach of company policies and counterproductive behavior.” 

Among other things, the letter said Henderson was fired for repeatedly going “outside the chain of command by discussing work-related issues with your peers instead of your supervisor, which is an obvious distraction and impedes your coworkers’ ability to effectively do their job” and repeated violations

of “the company’s written ‘no gossip policy,’ as outlined in the company’s handbook.”

NLRB Weighs In

An administrative law judge (ALJ) found the employer’s no gossiping policy violated the National Labor Relations Act (NLRA) because it was overly broad. The employer overstepped its boundaries by forbidding all workplace gossip, the ALJ said.

And because Henderson was fired for violating an overly broad policy that violated the NLRA, that meant her termination was unlawful, the ALJ concluded.

The employer appealed the ALJ’s decision, but the NLRB agreed that the policy violated the NLRA. The board said that “the language in the no gossip policy is overly broad, ambiguous, and severely restricts employees from discussing or complaining about any terms and conditions of employment.”

As such, it affirmed the ALJ’s decision and ordered the employer to: 

• Stop enforcing its overly broad no gossiping policy 

• Stop disciplining, “including warning, suspending, or terminating,” any employee who violated the “overly broad and unlawful” policy

• Rescind the policy that prohibited office gossip and inform employees that it had been rescinded

• Reinstate Henderson to her former job or an equivalent position

• Provide back pay to Henderson and also compensate her for any adverse tax consequences of receiving one or more lump sum back pay awards covering periods longer than 1 year.

Information provided by: HR Morning

Alternative HR will be providing training for employers on the Pregnant Workers Fairness Act (PWFA) on a webinar scheduled for Thursday, February 6 at noon. Rhonda Toft, an HR Senior Consultant with the company, will be the primary presenter. 

This webinar will help employers understand who is covered, what the employer obligations are, how workers can request accommodations, and how employers determine what is reasonable or not. The session will include a Q & A. 

Cost: FREE